![]() Some courts are even turning more to declarations under penalty of perjury than affidavits because they are shown to be highly effective in getting individuals to tell the truth. However, an affidavit can be an inconvenience to the witness because they must pay a notary fee.ĭeclarations are generally used in situations such as patent registrations. Anytime there is enough evidence to which an individual must swear, affidavits are more often used than declarations. They're also used for legal documents, such as voter registrations. A declaration may include a statement such as, “I declare under the penalty of perjury,” as well as the date and author's signature in order to subject the author to perjury charges if the statement proves false.Īffidavits are more likely to be used in hearings as evidence, particularly in legal family matters. ![]() ![]() Signing an affidavit in front of a commissioner subjects the writer to perjury charges in the event the statements contained in the signed document are false.īy contrast, a statutory declaration must be signed by the author in front of a lawyer or other qualified witness. The person who gives a declaration is referred to as a “declarant,” while a person submitting an affidavit is an “affiant.”Īffidavits are authenticated via the author's signature, which is made while being witnessed by a commissioner of oaths or notary public. Either way, both a declaration and affidavit require author signatures. Individuals may submit a true declaration according to U.S. In some cases, they may be signed in front of a justice of the peace or legal counsel. That's because affidavits are signed in front of a commissioner or notary public, which makes the oath more legally binding.ĭeclarations, however, are only signed by the person writing the declaration. They are similar to affidavits in court because both are considered equivalent legally, although most judges prefer affidavits over declarations. The Legal Differencesĭeclarations are sometimes called “sworn statements” under the penalty of perjury. Declarations are written documents the writer believes are true, but the statements contained in the declaration are made without the writer being sworn in. Affidavits are written documents attached to an affirmation, such as a notary public oath, which states that the statements in the document are true. declaration is important in the business world.
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