Last updated May 5, 2022
What is an Affidavit?
An Affidavit is a notarized written statement of facts made under oath. When you sign an Affidavit, you are swearing under law that the included information is true and based on personal knowledge or belief.
The person submitting the Affidavit is called an affiant. The affiant typically uses the document to verify something they know is true or to formally present evidence in a court case. For example, to verify their identity or detail events that led to a motor vehicle accident.
An Affidavit is also known as a:
- Notarized Statement
- Sworn Statement
- Statement Under Oath
- Sworn Oath Statement
An Affidavit is also commonly misheard as “alpha david” or “affadavid”.
What is a Statutory Declaration?
A Statutory Declaration is similar to an Affidavit in that it allows a declarant (the person who signs a Statutory Declaration) to submit facts they know to be true. However, Statutory Declarations are typically used outside of court to present statements or facts to specific government agencies. In contrast, an Affidavit is used most often in court.
A Statutory Declaration is also known as a/an:
- Affirmation
- Declaration
- Statutory Declaration Form
- Stat Dec
When should I use an Affidavit?
You can use an Affidavit to verify facts for court. For instance, they can be used to:
- Notify a third party about a death before a formal Death Certificate is received
- Confirm your residency (the place where you live) or residential address
- Certify that you use a name that is different than the one on your birth certificate (or confirm that your name has changed)
- Verify your identity if your personal information is compromised
- Formally record aspects of your finances (such as assets and debts) for yourself or your business
- Establish that you are the owner of a deceased kin's property
- Prove that you or a third party served another person with documents (for example, divorce documents)
How do I create an Affidavit?
You can easily create an Affidavit by filling out LawDepot's questionnaire. Using our template will ensure you complete the necessary steps:
1. Decide between an Affidavit and Statutory Declaration
Start by deciding whether an Affidavit or Statutory Declaration best suits your current needs. Keep in mind that an Affidavit is a sworn statement of facts signed under oath and used in court, while a Statutory Declaration isn’t signed under oath and is usually used outside of court.
If you’re unsure which option is best for you, we recommend using LawDepot’s template to create a general Affidavit. Also, if you know the specific case number this statement is for, you’ll have a chance to provide the court details later in the questionnaire.
2. State your location
Include the location where you'll be using the Affidavit. Every U.S. state has different rules and regulations from each other, and LawDepot will customize your Affidavit to meet the standards of any of the 50 states or the District of Columbia.
Your Affidavit should include the name, city, county (if applicable), and state of the person making the statement.
4. Make your statement of facts
A statement of fact is the section in the Affidavit that describes a legally significant truth about the case without giving an opinion. You can include as many facts as necessary in your document. However, it's a good idea to list them in chronological order so the series of events is clear.
It's also recommended that you provide a brief background about yourself and why you're making the statement.
If you include additional documents in your facts, such as a photograph, label it (e.g., Exhibit A) and staple it to your printed Affidavit.
5. Include court details (if applicable)
If you know the court level or case number where your Affidavit will be used, include them in your document.
You can typically find the court venue and jurisdiction on the first page of the case documents. The case number is located in the upper right-hand corner of the court documents. It can be numerical or alphabetical (e.g., CIVIL ACTION NO. 1:99cv-705 or DOCKET NO. 269 MDS001).
Also, include the plaintiffs' and defendants' names. The plaintiff is the person who initiates a lawsuit, and the defendant defends themselves against it.
6. Describe the signing details
State the date the affiant will sign the Affidavit. If you're unsure when the parties will sign the document, you can provide the date later. A blank space will be available at the bottom of your agreement.
Who can sign an Affidavit?
A person needs to be of sound mind to sign an Affidavit. This means they need the mental capability (or capacity) to understand the statement itself and the implications, such as perjury, of swearing the document.
Typically, someone over 18 years old will sign an Affidavit. However, there is no minimum age requirement. In some instances, a court case could require a minor to sign an Affidavit, for example, to submit evidence in a family law proceeding.
Do I have to notarize an Affidavit?
Yes, an Affidavit needs to be notarized for it to be valid in court. You need to swear in front of a notary public that the information in your written statement is accurate.
Lawdepot’s Online Notary allows you to connect virtually with a notary public, verify your identity, and authenticate your affidavit.
Can I attach documents to my Affidavit?
Yes, you can attach documents, statements, photographs, and anything else that helps verify the information in your Affidavit at the end of your document.
The standard method for attaching documents includes labeling each attachment for easy reference (i.e., Exhibit A, Exhibit B, etc.).
What is the penalty for lying in an Affidavit?
Affidavits hinge on a person submitting true statements as facts, which is why the court takes lying under oath very seriously.
Lying in an Affidavit is punishable by law, and the possible repercussions for swearing a false statement range from fines to jail time. The severity of the charge may depend on the jurisdiction. In some cases, it's considered perjury, which is a criminal offense.
