What is an Affidavit?

In short, an Affidavit is a written legal document that’s made under oath. The person who writes and signs it—called the affiant—swears that the facts in the document are accurate to the best of their knowledge. A notary public or another authorized officer must witness and verify the affiant’s signature (Cornell).

Related terms and forms of Affidavits

While “Affidavit” is the most widely recognized term, several related documents and concepts serve a similar legal purpose or are derived from affidavits:

• Affirmation: The act of formally affirming the truth of a statement instead of swearing an oath—often for religious or personal reasons. It’s a method of making an affidavit, not a separate document.

• Certificate or Affidavit of Service: A specific type of affidavit confirming that legal documents were properly delivered to all involved parties.

• Statement of Truth: In some jurisdictions, this document replaces a traditional affidavit, often in electronic or administrative filings.

• Sworn Declaration: A document that serves a similar function to an affidavit and may be accepted in its place in certain settings.

• Sworn Statement: A broad term encompassing any written statement made under oath or affirmation, including affidavits and sworn declarations.

The terms and their specific uses may vary depending on the jurisdiction and the context of the legal document.

Purpose of an Affidavit

The purpose of an Affidavit is to provide a sworn, written statement of facts that can be used as legal evidence. It allows a person to present verified information under oath without having to appear in court. 

Because it’s made under oath, an Affidavit can sometimes carry the same legal weight as live testimony (rcfp.prg).

Examples and use cases for an Affidavit

Affidavits are used to confirm facts, support legal claims, or record significant events in a reliable and legally recognized way. Here are some examples of the most common Affidavit types and their purposes:

• Affidavit of Death: Confirms a person’s death so assets, wills, or insurance policies can be processed.

• Affidavit of Domicile: Verifies where a deceased person lived, helping transfer stocks, bonds, or other assets during probate.

• Affidavit of Heirship: A sworn document that identifies a decedent’s heirs and relationships and serves as evidence enabling title or ownership to be transferred later.

• Affidavit of Marriage: Confirms marital status when a marriage certificate can’t be provided, often used in custody or immigration matters.

• Affidavit of Name Change: Confirms a person’s identity when changing their name after marriage, divorce, or for other reasons.

• Affidavit of Residence: Proves someone’s address when other documents aren’t available, such as for school or government forms.

• Affidavit of Service: Confirms that legal documents were properly delivered to all parties in a lawsuit.

• Contract Work Affidavit: Used by contractors or vendors on government projects to confirm tax or compliance details.

• Court Evidence Affidavit: Allows a witness who can’t appear in court to submit sworn testimony in criminal, civil, or family cases.

• Financial Statement Affidavit: Used in bankruptcy or divorce cases to verify income, assets, debts, and other financial circumstances or details. 

• General Affidavit: A flexible format used to verify facts or information for court filings, business transactions, or other official records.

• Identity Theft Affidavit: Used to prove that someone’s identity or personal details were unlawfully used in fraudulent activity.

• License Application Affidavit: Required for some driver’s license, vehicle registration, voter registration, or permit applications.

• Residency Affidavit: Used to verify residency for purposes like school enrollment, taxation, or obtaining a state-issued ID.

Affidavit vs. Statutory Declaration vs. Witness Statement

Although Affidavits, statutory declarations, and witness statements all record factual information, they differ in formality, purpose, and legal effect. 

• An Affidavit is a sworn statement used in court that carries perjury penalties if false.

• A statutory declaration is a formally declared statement used outside court for administrative or legal purposes.

• A witness statement records what someone saw or experienced and may become evidence if confirmed in court.

Each document serves a distinct legal role and follows specific witnessing and signing requirements depending on jurisdiction.

What makes an Affidavit important?

An Affidavit is crucial because it provides sworn, verified evidence that can be used in court or administrative proceedings. By signing under oath or affirmation before an authorized official, the person making the statement (the affiant) takes legal responsibility for the truth of the information provided.

This formality gives the document strong evidentiary value, allowing courts and institutions to rely on it as credible proof when making decisions, especially when live testimony isn’t possible or practical. Because Affidavits are made under oath, false statements can lead to legal penalties, reinforcing their reliability and legal significance. These penalties are also detailed under federal statutes.

Key components of an Affidavit

An Affidavit must include specific sections that confirm its credibility, structure, and legal validity. Each part ensures the document can be relied on as truthful evidence in court or administrative matters.

• Title and Heading: Clearly identifies the type and purpose of the Affidavit so it can be referenced accurately. Any required court information must also be stated at the top of the Affidavit (e.g. case name and number).

• Affiant Identification: Lists the full legal name, address, and—if relevant—occupation or relationship to the case or parties involved.

• Statement of Authority: Confirms the affiant has personal knowledge of the facts stated and is competent to make the sworn declaration.

• Body of the Affidavit: Divided into numbered paragraphs that present facts in chronological order and in a clear, concise, and organized manner—each covering one event or statement—for clarity and credibility.

• Statement of Truth or Oath: confirms that the affidavit’s contents are true to the best of the affiant’s knowledge and belief. When sworn or affirmed before a notary, the affiant is placed under penalty of perjury for any false or misleading information (a separate perjury declaration is only needed for unsworn statements).

• Signature and Date: The affiant must sign and date the Affidavit to confirm authenticity and finalize the sworn statement.

• Notarization or Attestation Clause: A notary public or authorized official verifies the affiant’s signature, adds their seal, and certifies that proper procedures were followed.

• Supporting Exhibits: Referenced documents or attachments that substantiate the statements made in the Affidavit, when applicable.

How to write an Affidavit

Step 1: Title and heading

Begin your Affidavit process with a descriptive title, such as “Affidavit of [Your Name].” If the document relates to a specific case, include the case caption that lists the court name, case number, and parties involved (for example, John Doe v. Jane Smith).

Step 2: Introductory statement and oath

• Introduce yourself and make the required declaration of truth in one opening paragraph. 

• State your full legal name, address (including ZIP code), occupation, and relationship to the case or facts being described.

• End the paragraph with an affirmation that the statements that follow are accurate to the best of your knowledge and belief. 

Example:

I, John A. Doe, residing at 123 Main Street, Springfield, Illinois 62704, being duly sworn (or affirmed), depose and state that the following is true to the best of my knowledge and belief.

Step 3: Statement of facts

Present the facts clearly using numbered paragraphs, one fact per paragraph. Include only firsthand information that you personally know to be true. If referencing supporting documents, label each as an exhibit and cite it in the relevant paragraph.

Step 4: Signature and notarization

Leave space for your signature, the date, and the notary public’s acknowledgment. You must sign the Affidavit in the presence of a notary, who will verify your identity, witness the signature, and complete the jurat section, which officially certifies that the Affidavit was sworn or affirmed under oath. 

While not yet universally accepted, many states are moving toward allowing Remote Online Notarization (RON), a technology that uses secure methods to validate electronic signatures.

Please note: You cannot use LawDepot’s Online Notary service to notarize Affidavits for court cases in Mississippi and South Carolina.

Key Tips

• Always use first-person statements (e.g., “I, Alex Johnson, am creating this Affidavit to confirm I started working at ABC Company on September 29, 2022 with the Plaintiff.“).

• Affidavits must be truthful — false statements can result in legal penalties for perjury.

• The formatting and wording should remain formal, clear, and objective.

Frequently Asked Questions