Affidavit vs. Declaration: What’s the Difference?

The legal world is filled with documents, papers, orders, and more. Of the many different types of legal paperwork you’ll have to file with your case, two common documents are affidavits and declarations. While these two documents are very similar, and both can be used in court, they have distinct differences that set them apart. Read on to learn more:

What is an affidavit?

An affidavit is a sworn statement. Signed by the individual making said statement, it is often used in a hearing as evidence or for documents such as voter registration. By signing an affidavit, you are swearing that the information in the document is correct. If anything is proven false, you could be subject to perjury charges.

To further legitimize the claims in an affidavit, it must be witnessed and notarized.

What is a declaration?

Just like an affidavit, a declaration is also a signed statement by an individual, containing information that the individual swears to be true. However, a declaration is not witnessed, authenticated, or notarized. But this does not mean a declaration is useless in the court of law. Since false statements in a declaration are still subject to perjury charges, declarations are just as effective at getting witnesses to tell the truth as affidavits. Additionally, declarations can also be used for patent registrations.

At Reliant Court Services, we offer process serving and court filing services for the New York City region. Contact us today to learn more.