What’s the most overlooked weapon in Florida civil litigation? Affidavits and declarations—documents that can tip the scales before you ever step into a courtroom. These sworn statements are often the backbone of summary judgment motions, but their power depends entirely on strict compliance with Florida law.
Under Fla. R. Civ. P. 1.510, affidavits must be made on personal knowledge, set forth facts admissible in evidence, and show the affiant is competent to testify. Fla. Stat. § 92.525 requires that declarations be signed under penalty of perjury, using precise statutory language. Miss a step—like failing to properly notarize, omitting the required language, or including hearsay—and your paper testimony can be struck, leaving your case exposed.
Our firm routinely sees parties lose cases because their affidavits are riddled with procedural errors or unsupported statements. Timing is critical: affidavits must be filed with motions, and deadlines are strictly enforced. If you want your evidence to count, you must get the format, content, and timing right. Paper testimony is powerful, but only when executed flawlessly.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
