What is an Affidavit

An affidavit is a written statement of facts made voluntarily under oath and signed before a notary public or other authorized official.

An affidavit is a written statement of facts that a person (the affiant) voluntarily swears or affirms to be true under oath. It is signed in the presence of a notary public or another authorized official who administers the oath and certifies the signature. Affidavits are used extensively in legal proceedings as a form of sworn written testimony.

Key Elements of an Affidavit

A valid affidavit typically includes:

1. Caption — Identifies the court or jurisdiction and case (if applicable)
2. Statement of identity — Who the affiant is
3. Numbered statements of fact — Clear, first-person statements of what the affiant knows to be true
4. Signature — Signed by the affiant
5. Notarization — Signature and seal of a notary public certifying the oath was administered

When Affidavits Are Used

Affidavits are used in a wide variety of contexts:

• Court proceedings — Substituting for live testimony in motions, applications, and preliminary hearings
• Probate — Verifying facts about an estate or deceased person's assets
• Real estate — Confirming property ownership, title, or residency
• Business and contracts — Verifying facts in commercial transactions
• Immigration — Sworn statements supporting visa or citizenship applications
• Government agencies — Required by many federal and state agencies for benefits, licenses, and programs

Affidavit vs. Declaration

• An affidavit requires a sworn oath administered by an authorized official (notary, judge, etc.)
• A declaration (under penalty of perjury under 28 U.S.C. § 1746) is an unsworn written statement that carries the same legal weight in federal courts without requiring notarization

Perjury Consequences

Because affidavits are made under oath, providing false information in an affidavit constitutes perjury — a serious criminal offense punishable by fines and imprisonment.

Common Types of Affidavits

• Affidavit of service — Confirms that legal documents were properly delivered
• Financial affidavit — Discloses income, assets, and debts (common in divorce proceedings)
• Affidavit of identity — Confirms a person's identity
• Affidavit of residence — Confirms where a person lives