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43 Terms

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Affidavit of Arrest

An affidavit prepared by the arresting officer detailing facts leading to the arrest, observations before and after, and serving as the arrest report.

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Affidavit of Complaint

A sworn statement charging a person with an offense, filed by the offended party, peace officer, or public officer; includes accused’s name, offense, facts, victim’s name, time/place.

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Judicial Affidavit

A witness’s sworn written testimony in Q&A format, governed by the Judicial Affidavit Rule (A.M. No. 12-8-8-SC).

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Affidavit of Desistance

A complainant’s sworn statement withdrawing charges; does not dismiss the case unless prosecution lacks evidence.

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Affidavit of Denial

A sworn statement by a person asserting they are not the individual charged, despite sharing the same name as the accused.

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Affidavit of Loss

A document sworn before a notary public reporting the loss of items (e.g., ID, passport).

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Reply Affidavit

A follow-up affidavit responding to points raised in an adversary’s affidavit.

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Counter Affidavit

An affidavit filed to contradict and dispute claims made in another affidavit.

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Rejoinder Affidavit

A defendant’s sworn rebuttal to the plaintiff’s replication affidavit.

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Business Forms

Legal documents governing business transactions, such as deeds, contracts, and sales agreements.

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Ordinary Civil Action Forms

Pleadings used in lawsuits enforcing private rights (e.g., complaints, motions, answers).

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Mandamus

Pleadings in a special civil action compelling a public officer to perform a duty.

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Quo Warranto

A special civil action challenging a person’s right to hold a public office.

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Prohibition

A special civil action to stop a lower court or tribunal from exceeding its jurisdiction.

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Habeas Corpus

A special proceeding challenging unlawful detention and seeking release from custody.

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Escheat

A proceeding where the State claims property of a deceased person who has no heirs.

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Guardianship

A special proceeding to appoint a guardian for a person who is incapable of managing their affairs.

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Criminal Action Forms

Legal forms used in criminal proceedings, including informations, complaints, and warrants.

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Affidavit Title

The heading of an affidavit that names its specific type (e.g., “Affidavit of Complaint”).

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Commencement

The opening section identifying the affiant’s name, address, and occupation.

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Averments

The factual statements or claims made by the affiant in an affidavit.

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Statement of Fact

A clause affirming that the contents of the affidavit are true under oath.

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Attestation Clause

The notary public’s certification that the affiant took an oath and signed the affidavit.

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Affiant’s Signature

The signature of the person making the affidavit.

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Notary Public Signature

The signature and seal of the notary public who administered the oath.

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Police Report

An objective written or verbal account of events (who, what, when, where, why, how) used for investigations and records.

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Investigative Report

A formal document detailing the findings of an investigation, organized chronologically and finalized after drafting and revision.

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Spot Report

A brief verbal or written report filed within 24 hours of an incident.

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Special Report

A memorandum-style report prepared to inform higher authorities about specific issues or incidents.

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Beat Inspection Report

A daily report of patrol activities and area checks by police officers.

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Wanted Person Report

A report on a fugitive or wanted individual, distributed to law enforcement agencies.

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Arrest Report

A detailed report containing suspect information, booking details, and probable cause for arrest.

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Crime Report

A document outlining the corpus delicti, evidence collected, and modus operandi of the suspect.

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Traffic Accident Report

A report that records facts, witness statements, and diagrams of a traffic incident.

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Use: Records

Investigative reports serve as permanent official documentation of findings.

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Use: Leads

Investigative reports provide guidance and new leads for continuing investigations.

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Use: Prosecution

Reports form the basis for criminal or disciplinary actions in court.

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Use: Reference

Courts and agencies use investigative reports as reference material.

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Use: Statistical Data

Compiled data from reports are used for crime analysis and statistics.

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Subpoena Ad Testificandum

A court order requiring a person to appear and testify in court.

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Subpoena Duces Tecum

A court order requiring a person to appear and bring specified physical evidence.

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Private Document

A document not notarized and binding only between the parties (e.g., a handwritten agreement).

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Public Document

A notarized document admissible in court without further authentication.