Sworn Statement
What Is a Sworn Statement?
A sworn statement is a legal document that recites facts or statements that are relevant to a court case or legal proceeding. It is similar to an affidavit, but it differs in the fact that a sworn statement does not need to be acknowledged by a notary public.
However, a sworn statement must include an endorsement, signed by the declarant, which states that the declaration is truthful and made under penalty of perjury. Certain federal courts and states allow sworn statements instead of affidavits, but this depends on the jurisdiction in which the case is taking place.
The document is also known as a “sworn declaration” or “statement under penalty of perjury”. It can be written or oral, and is given under oath and filed with the clerk of a court. Read on to learn more about how sworn statements work and how and why they might be needed.
Why Are Sworn Statements Used?
Sworn statements are often used because they are more time-efficient than having the person give testimony in court, which would open the possibility for cross-examination by opposing parties.
These documents are also important to enable witnesses that are not able to attend the court to provide evidence and testify in the case. Alternatively, individuals may also appear at a legal proceeding to provide the statement in person.
How to Write a Sworn Statement
When writing a sworn statement, you’ll need to create a list including each fact to which you want to swear. It will also be necessary to sign the end of the document with a sentence that indicates the statement is sworn under penalty of perjury and that all the facts within it are true.
An example of how this endorsement could be formulated is: “I declare under penalty of perjury that the foregoing is correct and true”. For this kind of sworn declaration to be used instead of an affidavit, it must be specifically authorized by a general statute within the state.
A statement under penalty of perjury also includes the following key points:
- The name, age, occupation, and address of the declarant
- A detailed account of the incident or events being recited
- An endorsement paragraph stating that the sworn statement is true and subject to a penalty of perjury
- The signature of the declarant
- The date on which the document was created
Sworn Statements vs. Affidavits
As mentioned above, sworn statements differ from affidavits in the fact that they do not require a notary public to witness the document being signed. Furthermore, the creator of the document is known as a “declarant” instead of an “affiant” or “deponent”. In states where these sworn statements are accepted under law, they are given the same weight as affidavits,
However, because they do not require swearing before a notary public or official, they allow declarants to save both time and money when testifying to facts pertinent to a legal case. Instead, the lawyer for the party for which the statement is given oversees the signing and check’s the identification of the declarant.
As a result, an independent official witness is not present for the signing, which means that the court must rely on the honesty and competency of the attorney to ensure that the declarant testifies properly.
It is also important to note that because some people are unacquainted with sworn statements as a replacement for affidavits, they may not accept them in scenarios such as business transactions or legal proceedings.
What Is a Sworn Statement?
A sworn statement is a legal document that recites facts or statements that are relevant to a court case or legal proceeding. It is similar to an affidavit, but it differs in the fact that a sworn statement does not need to be acknowledged by a notary public.
However, a sworn statement must include an endorsement, signed by the declarant, which states that the declaration is truthful and made under penalty of perjury. Certain federal courts and states allow sworn statements instead of affidavits, but this depends on the jurisdiction in which the case is taking place.
The document is also known as a “sworn declaration” or “statement under penalty of perjury”. It can be written or oral, and is given under oath and filed with the clerk of a court. Read on to learn more about how sworn statements work and how and why they might be needed.
Why Are Sworn Statements Used?
Sworn statements are often used because they are more time-efficient than having the person give testimony in court, which would open the possibility for cross-examination by opposing parties.
These documents are also important to enable witnesses that are not able to attend the court to provide evidence and testify in the case. Alternatively, individuals may also appear at a legal proceeding to provide the statement in person.
How to Write a Sworn Statement
When writing a sworn statement, you’ll need to create a list including each fact to which you want to swear. It will also be necessary to sign the end of the document with a sentence that indicates the statement is sworn under penalty of perjury and that all the facts within it are true.
An example of how this endorsement could be formulated is: “I declare under penalty of perjury that the foregoing is correct and true”. For this kind of sworn declaration to be used instead of an affidavit, it must be specifically authorized by a general statute within the state.
A statement under penalty of perjury also includes the following key points:
- The name, age, occupation, and address of the declarant
- A detailed account of the incident or events being recited
- An endorsement paragraph stating that the sworn statement is true and subject to a penalty of perjury
- The signature of the declarant
- The date on which the document was created
Sworn Statements vs. Affidavits
As mentioned above, sworn statements differ from affidavits in the fact that they do not require a notary public to witness the document being signed. Furthermore, the creator of the document is known as a “declarant” instead of an “affiant” or “deponent”. In states where these sworn statements are accepted under law, they are given the same weight as affidavits,
However, because they do not require swearing before a notary public or official, they allow declarants to save both time and money when testifying to facts pertinent to a legal case. Instead, the lawyer for the party for which the statement is given oversees the signing and check’s the identification of the declarant.
As a result, an independent official witness is not present for the signing, which means that the court must rely on the honesty and competency of the attorney to ensure that the declarant testifies properly.
It is also important to note that because some people are unacquainted with sworn statements as a replacement for affidavits, they may not accept them in scenarios such as business transactions or legal proceedings.