The short answer
What Illinois families should know.
An affidavit is a sworn written statement used for a particular legal purpose. Its value depends on accurate facts, the signer’s knowledge, and compliance with the requirements governing the filing. A forceful conclusion or a notarized signature cannot supply facts the signer does not actually know.
Begin with the purpose of the statement
Ask what motion or request the affidavit supports and which facts the court needs to decide it. Different proceedings may have different requirements. Supreme Court Rule 191 imposes specific requirements on affidavits used with the motions it covers, including summary-judgment proceedings. It should not be treated as a universal form that automatically satisfies every affidavit requirement in a family case.
State facts that the signer can establish
For affidavits governed by Rule 191, personal knowledge and particular facts are central. The rule rejects conclusions in place of admissible facts and requires a basis showing the signer could testify competently. Describe what happened, when, and how the signer knows. If separate witnesses know different parts of the account, counsel may need more than one statement rather than asking one person to repeat everyone else’s information.
Connect documents to the account
Rule 191 also addresses supporting documents. A statement that an account proves a transfer should identify the relevant record and use the proper attachment and foundation. Preserve complete versions, including pages that qualify the point. A cropped image or unexplained spreadsheet can leave the court without the basis needed to evaluate the assertion. Counsel should check the applicable rule before filing.
Review every sentence before signing
Confirm dates, amounts, names, and the distinction between observation and inference. Do not sign a draft merely because someone else prepared it. Tell counsel which facts are uncertain or based on records rather than memory. The required oath or certification process must also be satisfied. An affidavit should provide a clear, supportable factual account, not serve as a substitute for argument or a guarantee that the court will accept the assertions.
Prepare
Useful next steps
- Identify the filing the affidavit will support.
- Provide the underlying records and explain your role in the events.
- Correct uncertain or inaccurate statements before execution.
Avoid
Common missteps
- Signing a statement that contains facts outside your knowledge.
- Assuming notarization cures missing evidentiary foundations.
Continue reading
Related Illinois family-law guides.
Primary sources
Read the governing law and guidance.
This article provides general information and is not legal advice. Laws, court rules, local procedures, and individual facts can change the analysis. Reading it or contacting the firm does not create an attorney-client relationship.