Affidavits and declarations play an important role in many types of court proceedings, and they’re also often used in estate planning, business transactions, and civic affairs.
While the two documents both state factual information, they are not the same. Read on to learn about their differences and applications.
What Is an Affidavit?
An affidavit is a written statement of facts within the writer’s knowledge. This legal document is witnessed and signed by a notary public. In it, the writer, also known as the affiant, introduces themselves, their connection to the case, and then states the facts they know. Attached to the affidavit are other documents that present the evidence of the written statement. These are known as exhibits.
By providing an affidavit, the writer swears to the accuracy of the information in it. This means the writer can be charged with perjury if their statement is proven to be false or intended to impede legal proceedings.
In some courts, an affidavit can be used as evidence. Usually, affidavits are used in family disputes or bankruptcy cases and voter registration.
Common Uses of an Affidavit
An affidavit can be relied upon in various legal and administrative matters. Here are some common situations where an affidavit plays a crucial role:
Family Disputes
Affidavits are often used to present facts about sensitive issues in family matters, such as:
- Child custody
- Spousal support
- Marital property division
For example, you might use an affidavit to state your income and expenses or to document evidence supporting your claims. This helps courts understand your perspective clearly and efficiently.
Real Estate Transactions
When buying or selling property, affidavits help verify key details. For instance, you may be asked to sign a title affidavit to confirm the absence of legal claims or liens against the property. This assures all parties involved and ensures the transaction proceeds smoothly.
Voter Registration
An affidavit can be used in voter registration to affirm your eligibility or correct errors in your voter record. If you’ve recently moved or need to prove your identity, for example, submitting an affidavit can help you meet these requirements without unnecessary delays.
Evidence in Court
Affidavits are commonly submitted as evidence in court proceedings. They allow you to present facts without having to appear in person, which can save time and simplify the process.
What Is a Declaration?
Like an affidavit, a declaration also contains a statement of facts. The person that writes or gives the declaration is called a declarant.
This document is only signed by the declarant. In some cases, the declarant may sign it in the presence of a lawyer. The person giving the declaration is also subject to perjury charges in case the statements in the document were proven to have been made in bad faith or were intended to deceive.
Mostly, declarations are used in cases of patent declarations. However, some courts have started accepting declarations in lieu of affidavits for reasons of economy and time.
Common Uses of a Declaration
A sworn declaration can be used in various professional and legal settings, helping you communicate key information clearly and efficiently. Here are some common uses for declarations:
Patent Registrations
If you’re navigating the patent process, a declaration can be a critical part of your application. For instance, you might need to declare that you are the original inventor of a design or idea. This formal statement supports your claim and ensures the integrity of the patent registration process.
Routine Corporate Filings
In the corporate world, declarations often accompany routine filings to confirm the accuracy of submitted information. A declaration helps you maintain transparency and accountability, whether you’re:
- Updating corporate records
- Certifying financial statements
- Submitting compliance reports
An Alternative to Affidavits in Some Courts
In certain courts or jurisdictions, a declaration can replace an affidavit, especially when notarization isn’t feasible. You can use a sworn declaration to provide facts under penalty of perjury, ensuring your statement is both credible and legally binding.
Legal Differences
Legal DifferencesBoth the affidavit and the declaration are documents signed under penalty of perjury. However, an affidavit must be signed in the presence of a notary public. The notary public must also affix their signature and seal to the affidavit.
In contrast, a declaration doesn’t require the presence, seal, or signature of a notary public. Instead, the affiant places a separate paragraph at the bottom of the document stating (for U.S. federal courts and some ):
“I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).”
This should be followed by the writer’s name and signature.
(SIGNATURE)”. .
Another difference is that even though the information in both papers is the same, a statutory, also known as an unsworn declaration, is generally used in an out-of-court setting. However, the federal court differs because it recognizes sworn and unsworn declarations under penalty of perjury as documents with the same effect as an affidavit.
Affidavits and declarations are used in civil and criminal proceedings to help support a claim or serve as evidence. However, depending on the court, they may be considered hearsay and thus inadmissible. There are some exceptions. For instance, if the affiant or declarant are unable to testify in person, the court may allow their statement to be read.
Court Filing, Document Retrieval, and More
Serve Index LLC is a company serving individuals, law firms, solo law practitioners, and corporations nationwide. We provide mobile notary services and can notarize many types of documents, including affidavits, at a time and place most convenient for you.
Additionally, we offer process service, skip tracing, court filing, and document retrieval, making us a one-stop shop for all your legal support needs. To learn more, feel free to get in touch with our team.
Choosing Between a Sworn Declaration vs Affidavit
Knowing the difference between an affidavit vs declaration is only the first step in choosing the right document. Both documents provide statements of fact, but they serve different purposes.
Affidavits generally carry greater formal weight and are typically preferred for court filings or formal proceedings. Declarations, while signed under penalty of perjury, lack notarization, making them suitable for less formal settings or jurisdictions that permit unsworn statements.
Call us at 888 994 6339 or email us at [email protected] to determine whether an attorney declaration vs affidavit is best for your specific case and get a quote.