Legal Difference Between an Affidavit & a Declaration

Affidavits are written documents attached to an oath or some affirmation (i.e., notary public) that the statements in the affidavit are true. Declarations are merely written documents that the author believes to be true, but the statements are given without the author being sworn in by a court officer. Declarations under the penalty of perjury (sometimes referred to as sworn statements) are very similar to affidavits Courts consider both to be legally equivalent, though most court systems and businesses still prefer affidavits over declarations.

Signature Requirements

Affidavits are signed in front of a notary public or commissioner of oaths and require notarization. Declarations must be signed only 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.


Both affidavits and declarations require signatures of the authors. One who submits an affidavit is referred to as a "affiant." One who gives a declaration is called a "declarant." Declarations under the penalty of perjury must 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 on which it was executed and the declarant's signature.


Affidavits are used for court proceedings and legal documents, such as voter registration. When there is concrete evidence to which someone must swear, affidavits are still used more often than declarations. For patent registration, name changes and evidence testimony in which the the events are not absolutely clear, declarations are readily used.

Critiquing the Affidavit

An affidavit can inconvenience a witness because of the requirement that the witness be sworn and the written document notarized. It also incurs a notary fee, at the minimum. Some courts are turning to declarations under penalty of perjury as substitutes for affidavits because of the efficiency of these statements and their efficacy in forcing people to tell the truth.

The Other Statement

Alongside affidavits and declarations, depositions are often used to take the statements of witnesses. Depositions differ specifically in one way from affidavits: They allow for cross-examination. Depositions are recorded by the court reporter and become written transcripts that can be used in court. The witness is sworn in before making a deposition and is considered under oath, regardless of whether the deposition takes place in a courtroom.

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