What is an 'Affidavit' or 'Declaration'?
A sworn written statement, explained simply.
An affidavit is a written statement of facts that you swear is true, under oath. It lets a court consider your account without you testifying live. A declaration is functionally the same thing, except it is not notarized.
Why it matters to you
When you sign an affidavit or declaration, you are swearing the statements are true to the best of your knowledge, with legal consequences if they are not. An affidavit is typically signed in front of a notary public. A declaration is signed under penalty of perjury instead, which is why no notary is needed.
If we ask you to sign one, read it slowly and carefully. Tell us about anything that is not exactly right, even a small detail. It is your statement, and it becomes part of the court record, so it must be accurate before you sign.
An example from an employment case
Suppose the employer moves for summary judgment in your harassment case. We might prepare a declaration in which you describe, in your own words, the specific comments your supervisor made and when. The judge reads it as evidence when deciding whether your case goes to trial.
Every case is different. Ask your legal team how this applies to yours.
Related terms
Evidence, Summary Judgment, Motion, Deposition
Still have questions? Your legal team is happy to help. Message us through the client portal or call the office, and we will point you to the right person.