Legal Difference Between an Affidavit & a Declaration

Legal Difference Between an Affidavit & a Declaration

Affidavits are composed files attached to an oath or some affirmation (i.e., notary public) the statements in the affidavit are true. Declarations are only written documents that the author believes to be true, however, the statements are given without the author being sworn in by a court officer. Declarations under the penalty of perjury (sometimes known as guaranteed statements) are quite much like affidavits Courts believe both to be legally equal, although most court systems and businesses still prefer affidavits over declarations.

Signature Requirements

Affidavits are signed before a notary public or commissioner of oaths and require notarization. Declarations should be signed solely by the author, though sometimes before a justice of the peace or, at least, legal counsel. U.S. Code 1746 permits an individual to submit as true a declaration under the penalty of perjury.


The two declarations and affidavits require signatures of the authors. One who submits an affidavit is also known as a”affiant.” One who gives a declaration is known as a”declarant.” Declarations under the penalty of perjury should be accompanied by a statement in substantially this form:”I declare under penalty of perjury that the foregoing is true and correct,” as well as the date upon which it was executed and the declarant’s signature.


Affidavits are utilized for legal records and court proceedings, such as voter registration. When there is concrete evidence to which somebody must swear, affidavits are still used more often than declarations. For patent registration, title changes and evidence testimony in which the the events aren’t absolutely clear, declarations are easily utilized.

Critiquing that the Affidavit

An affidavit can annoyance a witness because of the need that the witness be sworn and the record notarized. A fee is also incurred by it . Some courts are turning into declarations under penalty of perjury as substitutes for affidavits because of the efficacy of those statements and their efficacy in forcing individuals to tell the truth.

Another Statement

Alongside declarations and affidavits, depositions are often utilized to take witnesses’ statements. Depositions differ in 1 way from affidavits. Depositions are recorded by the court reporter and become written transcripts that may be utilized in court. The watch is sworn before building a residue and is regarded under oath, regardless of whether the deposition occurs in a court.

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