I've been asked to sign an affidavit based on a survey report I wrote.?ÿ It's pretty much the survey report, just re-worded.?ÿ But the beginning is:
"I, JPH, under the penalties of perjury as follows:"
Is that a big nothing, or should I take that line out?
Email it to your insurance carrier, then chat with an attorney. The good thing about my carrier is that they're free after my huge yearly payment.?ÿ
I have my opinion, but I'm not a lawyer.?ÿ
Well, what exactly are the "penalties of perjury"?
I didn't think that the "penalties of perjury" applied to a professional opinion.?ÿ The surveyors report states the survey process, evidence found and a professional opinion.?ÿ Unless you were misleading on the first 2 points, it shouldn't amount to a hill of beans.?ÿ Just my opinion but I am not a lawyer nor a Professional Liability Insurance underwriter.
This is not from a professional witness standpoint- I did not come to this understanding through the practice of surveying.
The phrase is a standard preamble for a written statement that will be presented in court. I have not seen it in the plural, always 'penalty of perjury'.
It allows an individual to provide a written statement as testimony from another, who is not in attendance. To make it stick, you would have a witness to the signature or a notarized signature.
When it comes to a sealed survey/ surveyor's report, I'm not sure why it would be necessary. IMO, the seal, and the professional duties we are bound to, cover the facts as we understand them.
That said, if I put my seal on it, I think I could swear an affidavit under penalty of perjury... as long as the wording was exactly as I had written. I may even ask the statement be directly referenced to my sealed report (signed, dated, by). No need to rewrite it.
Playing the movie forward, I would let the requestor know that any additional evidence, appearance would be at my professional rate.
I didn't think that the "penalties of perjury" applied to a professional opinion.?ÿ The surveyors report states the survey process, evidence found and a professional opinion.?ÿ Unless you were misleading on the first 2 points, it shouldn't amount to a hill of beans.?ÿ Just my opinion but I am not a lawyer nor a Professional Liability Insurance underwriter.
My thoughts also. The results of my work are my professional opinion. I don't think my opinion is subject to perjury, nor is it subject to being wrong (or right)!
IANAL but my understanding is that your opinion turning out to be wrong after later evidence turns up is not perjury, but intentionally misrepresenting the facts would be. E.g., if you found an iron and didn't like it so moved it and said in your report/plat that it was found in the new location, then someone who saw you do it could get you found guilty of perjury.
This seems like a lawyer's attempt at getting an expert witness without paying for it.?ÿ Tell them you've satisfied your client contract, and if they wish to obtain your services as an expert you'll be happy to provide them with a retention agreement for signature.
It's hard to say what's up without some context. Who is asking you to provide the affidavit and why?
"To the best of my Professional Knowlege and belief the following "
Many above are correct.?ÿ An affidavit attesting to factual matters as would be offered in court by a lay witness would be given under an oath of perjury.?ÿ An affidavit attesting to your knowledge of certain facts and the opinions derived from those facts would not be given under oath of perjury.?ÿ?ÿ
Affidavits are used by the attorneys to establish the facts of the case that, if agreed to by both parties, can forego the expense of a trial.?ÿ When the parties agree to the facts, they can place them before the judge in the form of sworn affidavits (in place of sworn testimony).?ÿ The role of the judge is to apply the rule of law to the facts and determine the outcome (the judge's opinion).?ÿ?ÿ
The surveyor follows the same course of action when conducting the survey.?ÿ Gather the evidence; determine the facts; apply the legal principles; determine the outcome.?ÿ The outcome is the surveyor's opinion.?ÿ Because most of the evidence and facts the surveyor relies upon are hearsay, there's not much the surveyor can attest to in an affidavit addressing factual matters.?ÿ Yes. I saw a deed.?ÿ Yes. I measured a distance.
What the attorney is likely looking for from the surveyor is the opinions derived from the underlying evidence.?ÿ The rules of evidence state that the expert can express their opinion without disclosing the underlying facts but in an affidavit, you should state the facts, then state your derived opinion based upon the legal principles applied.
The affidavit of an expert should not include a perjury statement.
"Penalties" is plural, and so is in conflict with laws preventing double jeopardy. Unless you are a Federal employee. Reminds me of the John Dillinger defense.
Either get them to pay for a pure ALTA certification or don't sign anything.
?ÿ
Is this an affidavit for court or to be filed in with the county clerk? Or something else.
Town is going to court vs a landowner who's built in and gated off a public ROW that we surveyed.?ÿ It's a statement, basically the survey report
This world has so many crazy people to start with, why must there be so many who have enough money to do even crazier things.
From my experience as a notary, I would say that barring a law to the contrary, the penalties of perjury don't apply unless the statement is made before a notary, or other person who is authorized to administer oaths or affirmations, and that person does administer an oath or affirmation. (An affirmation is the same as an oath except no supreme being is mentioned.)
The federal government has passed laws that, in many situations, allow the penalties of perjury to apply to a person who has not gone in front of a notary. Some states have done this to some degree; most often the exceptions apply to lawyers and others who have to go to court a lot. I have no idea if the paper the original poster has is subject to one of the exceptions.
