DocketXDocketX / Glossary / affidavit
Affidavit
An affidavit is a written statement of facts that you swear under oath is true, often used as evidence in court without you having to appear in person.
What it actually is
It is a formal document signed in the presence of a notary public or other authorized officer who verifies your identity and administers the oath. Affidavits are commonly filed with the court to support motions, provide witness testimony, or prove facts without live testimony.
Why it matters in your case
If you submit an affidavit, the court can consider your sworn statements as evidence, which may save you from having to testify in person. However, if the other side challenges your affidavit, you may be required to appear for cross-examination.
The common misunderstanding
Many people think an affidavit is the same as a simple written statement, but it carries legal weight only if properly notarized and sworn. Also, signing a false affidavit can lead to penalties for perjury.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.