Affidavits are typically used in legal proceedings. They state facts which the person signing the affidavit has personal knowledge of or believes to be true.
Affidavits are often used as evidence, but they are not always admissible because there is no way to verify that what is written on them is actually true.
Affidavit vs Declaration
The difference between an affidavit and a declaration is that affidavit is a written statement that you swear is true before an authorized party. A declaration does not require swearing under oath and can have more than one signer. There are two major legal declarations that you may need to file depending on the type of work you do, Affidavit and Declaration. Affidavits are written statements made under oath, which is not typical for most people unless they have been subpoenaed or called as a witness in court.
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An affidavit is a written statement that you swear is true before an authorized party. A declaration does not require swearing under oath and can have more than one signer.
A declaration is a written statement that does not require swearing under oath. The declaration is by thinking about making oral statements in court versus taking them down on paper.
Comparison Table
| Parameters of Comparison | Affidavit | Declaration |
|---|---|---|
| Definition | An affidavit is a signed written statement. | A declaration is also an official written statement, but it does not have to be under oath. |
| Legal Validity | An affidavit is treated as evidence under oath and generally used in court. | While a declaration can be made outside of court, but still provides proof that the person making the statement knows what they are talking about. |
| Formality | Affidavits must follow strict legal guidelines before being accepted by courts. | Declarations often do not need to follow any guidelines. |
| Purpose of Use | An affidavit is generally used as a legal document to provide proof of certain events. | While a declaration may serve several purposes. |
| Legal Consequences | The affidavit is more formal. | The declaration because it has to be “declared” before an authorized officer. |
What is Affidavit?
An affidavit is a signed written statement. An affidavit may also contain supporting documents such as photographs or receipts to prove the facts in question are true.
An affidavit is usually used in court proceedings. An affidavit can be written by either a witness or the party on whom it will be presented to prove their case, so both parties must swear that they are true before an official notary public.
This type of document is considered legal evidence if accepted as truthful and accurate by the judge presiding over the case.
In most states, affidavits must be notarized by an official who has taken an oath that everything written in it is true to the best of their knowledge; some also require witnesses’ signatures as well.
What is Declaration?
A declaration is also an official written statement, but it does not have to be under oath. A declaration can contain opinions and may include supporting documents such as photographs or receipts to provide proof of the facts in question.
A declaration is a statement of fact and does not require any formalities such as oaths or affirmations in court proceedings. A declaration can be written by the party on whom it will be presented to prove their case.
A declaration is written to make statements for the record, but affidavits are official court documents used as evidence in legal proceedings and can only be issued by an officer who has sworn that everything contained within is true under penalty of perjury.
A document prepared this way must include all parties’ names, the date, and a summary of all facts presented.
Main Differences Between Affidavit and Declaration
- An affidavit is used in civil cases. The declaration is more often used in criminal matters to prove elements of the crime with which a person has been charged.
- An affidavit is a sworn statement. The declaration need not be under oath or even written by the declarant – it can be recorded and signed by another person, such as an interpreter at trial.
- https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/duklr50§ion=15
- http://wac.colostate.edu/rhetnet/barlow/barlow_declaration.html
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Emma Smith holds an MA degree in English from Irvine Valley College. She has been a Journalist since 2002, writing articles on the English language, Sports, and Law. Read more about me on her bio page.
