A solemn and formal declaration of the truth of a statement, such as an Affidavit or the actual or prospective testimony of a witness or a party that takes the place of an oath. An affirmation is also used when a person cannot take an oath because of religious convictions.
AFFIRMATION, practice. A solemn declaration and asseveration, which a
witness makes before an officer, competent to administer an oath in a like
case, to tell the truth, as if be had been sworn.
2. In the United States, generally, all witnesses who declare
themselves conscientiously scrupulous against taking a corporal oath, are
permitted to make a solemn affirmation, and this in all cases, as well
criminal as civil.
3. In England, laws have been enacted which partially relieve persons
who, have conscientious scruples against taking an oath, and authorize them
to make affirmation. In France, the laws which allow freedom of religious
opinion, have received the liberal construction that all persons are to be
sworn or affirmed according to the dictates of their consciences; and a
quaker's affirmation has been received and held of the same effect as an
oath. Merl. Quest. de Droit, mot Serment, Sec. 1.
4. The form is to this effect: "You, A B, do solemnly, sincerely, and
truly declare and affirm," &c. For the violation of the truth in such case,
the witness is subject to the punishment of perjury as if he had been sworn.
5. Affirmation also means confirming; as, an affirmative statute.