You'll run into one when an agency, court, or bank needs your word in writing and wants it to carry weight: a statement that you lived at an address, say, or that you witnessed something. The sworn part is what separates it from an ordinary letter, and the oath is real, so read the statement closely before you sign.
What an affidavit is
The U.S. Courts glossary defines an affidavit as "a written or printed statement made under oath." Cornell's Legal Information Institute adds that it's a sworn statement a person makes before a notary or officer of the court, outside of court, asserting that certain facts are true to the best of that person's knowledge. The person who signs is the affiant.
- It's testimony in writing. Affidavits are often gathered in preparation for a trial, and they can later be used if a witness's account changes.
- The notary doesn't check your facts. California's required wording on the notary certificate says the notary verifies only the signer's identity, not the truthfulness, accuracy, or validity of the document.
- Forms vary. Notary rules differ by state, and some courts and agencies supply their own forms.
An affidavit is not the same as a certified copy, which is a duplicate of an existing document. It's also different from a power of attorney, which gives someone authority to act for you.
What's on it
There's no single national template, but most affidavits share these parts. The notarial wording below comes from California's rules and is shown as an example; other states have their own.
| Part | What it is | What to check |
|---|---|---|
| Title or caption | Names the document, and sometimes the court or case | Matches what the requester asked for |
| Affiant | The person swearing: full legal name, often address | Name matches your ID |
| Statement of facts | Numbered or plain paragraphs of what you personally know | Only facts you know first-hand; nothing guessed |
| Oath line | A line saying the statements are true to the best of your knowledge | Read it before signing |
| Signature | Signed by you, in front of the notary | Sign when the notary is watching |
| Jurat | Notary wording, in California "Subscribed and sworn to (or affirmed) before me" plus date and county | Date, county, and notary's seal and signature are all filled in |
The jurat is the notary's section. California's handbook says the notary certifies that the signer personally appeared, signed in the notary's presence, took the oath or affirmation, and was identified. It also says a jurat can't be completed on a document that was simply mailed to the notary, because the signer must appear in person and take the oath. California adds that there is no prescribed wording for the oath, and that "Do you swear or affirm that the statements in this document are true?" is an acceptable one.
What to keep and for how long
There's no official retention period for affidavits, because what matters is the matter they support. Keep the signed original with the file it was written for, and keep a copy where you'd look for it later.
- Court or legal matters: keep it at least until the case or dispute is closed, and ask your lawyer or the court about longer.
- Identity or records matters: an affidavit can stand in when other proof is missing. USAGov notes that if you have lost all your IDs, many states let you use a sworn statement of identity to request a birth certificate. Once you have the certified copy, keep that, and the affidavit is less important.
Keep your copy with the related paperwork, such as divorce paperwork or paperwork after a death in the family. For the bigger retention picture, see what documents to keep and how long.
None of this is legal advice. If a lot depends on the statement, such as a court filing, ask a lawyer before you sign, because you're swearing to every line.