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. A declaration differs from an affidavit in that it only needs to contain a statement of belief, and it does not need to be sworn under oath before being signed. Declarations can also have more than one signer since they do not require swearing under oath before being signed.
Affidavit vs Declaration
The main 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.
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. In affidavits, there must be an element of fraud or crime involved with the statement. Affidavit documents can also be converted into formal legal declarations through the process of redaction. Affidavits are used primarily in court or during an investigation.
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. Verbal statements made before the judge are declarations, whereas sworn affidavits, which must be signed with hand and notary, are declarations. The declaration does not require swearing under oath and can have more than one signer.
Comparison Table Between Affidavit and Declaration
| 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. It must be made under oath and can only contain facts, not opinions. 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. However, since declarations are not sworn statements like affidavits, they cannot carry the same weight when presented as evidence.
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. There are no supporting documents required for declarations because they only contain facts that do not necessarily need to be notarized or made in front of a judge.
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. A declaration can be prepared and submitted on paper or electronically (e-filing), but affidavits must be submitted on paper.
Main Differences Between Affidavit and Declaration
- An affidavit is a written statement of facts confirmed by oath or affirmation. The declaration can be a written statement but is not required to be under oath or affirmation.
- An affidavit must be made in good faith. The declaration need not be based on any particular fact or belief. It is merely an assertion of the truth of matters within the personal knowledge of the declarant under penalty for perjury.
- Affidavits can be used as evidence in court proceedings. The declaration cannot be admitted as evidence unless it was made on personal knowledge and is relevant to the case.
- 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.
Conclusion
Affidavits are sworn statements made under oath before an authorized official. Declarations are written documents that contain the writer’s own personal opinion or beliefs. An affidavit is a legal document that can be used in court to provide evidence of facts that will help prove someone’s case. A declaration is not as formal as an affidavit and often seen as more informal than an affidavit because it does not use language like “swear” or “certify.” One of the most common uses for an affidavit is to obtain a divorce. A spouse can file an affidavit with their petition, which states specific facts that support their claim of irreconcilable differences or other reasons they are filing for divorce.
References
- https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/duklr50§ion=15
- http://wac.colostate.edu/rhetnet/barlow/barlow_declaration.html