l. The person being interviewed must initial all corrections. He must acknowledge that the
changes made to his statement are correct. Failure to do so may cause problems when the statement is
introduced in court.
m. Affidavit. Refer to Figure 3-6 for a sample of a completed affidavit section. It is the last
section of the DA Form 2823. This is the section in which the interviewee acknowledges that the
statement was given freely, that an mistakes have been corrected, and that the number of pages is correct
(no pages left out).
n. When the interviewee completes his statement, you will administer this oath:
"Do you swear or affirm that the information given by you in this statement is true and
correct to the best of your knowledge, so help you God?"
o. The interviewee must answer in the affirmative. He then completes the signature. If he
objects to the use of the word "God," you can leave out that word from the oath. Note that the authority
to administer the oath is Article 136(b)(4), UCMJ. This must be entered on the affidavit. Remember to
have the interviewee enter the time in the heading when he signs the affidavit.
p. It is your responsibility to review sworn statements. They are official documents of pretrial
testimony. Remember that accuracy and completeness determine whether or not the statements are
admissible in court. Legal documentation can be vital evidence to a case.
Figure 3-7. Affidavit of DA Form 2823.
3-17
MP2003
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