Affidavit: What It Is and How to Write, Sign and Notarize One

Last updated: 10 November 2026. This guide is based on 28 U.S.C. 1746, 18 U.S.C. 1621, Federal Rule of Civil Procedure 56, notary fee laws in California and Texas, the National Association of Secretaries of State’s remote notarization overview, Civil Procedure Rules Practice Direction 32, the Commissioners for Oaths (Fees) Order 1993 and the Perjury Act 1911.

Short answer: An affidavit is a written statement of facts that the signer swears or affirms is true in front of an official who can administer oaths, usually a notary public in the US or a solicitor or commissioner for oaths in England and Wales. Lying in one can be perjury. In US federal matters an unsworn declaration under 28 U.S.C. 1746 often does the same job.

Key takeaways

• An affidavit has three essentials: facts within the signer’s knowledge, an oath or affirmation, and a jurat completed by the official who administered it.
• Federal law lets a signed declaration “under penalty of perjury” replace most affidavits, except depositions, oaths of office and oaths that must be taken before a named official other than a notary.
• Notary fees are set by state law: up to $15 per signature in California and $10 in Texas. Most states now allow remote online notarization.
• In England and Wales an affidavit must be sworn before someone independent of the parties. The fee is £5 per affidavit plus £2 for each exhibit.

What is an affidavit?

An affidavit is a sworn written statement. The person making it (the affiant, or deponent in English practice) sets out facts, signs the document, and swears or affirms before an authorised official that the contents are true. The official then completes a jurat: the short certificate at the end recording who swore it, when and before whom.

Affidavits are used wherever a court, agency or institution needs evidence in writing without calling the person to give live testimony. Common examples include:

• evidence supporting or opposing a court motion, such as a motion for summary judgment;
• affidavits of service, confirming that court papers were delivered;
• small estate affidavits, used to collect a deceased person’s assets without full probate;
• affidavits of identity, residence, support or lost documents for banks, schools and government offices.

In federal civil cases, Rule 56(c)(4) of the Federal Rules of Civil Procedure sets the basic quality test. An affidavit or declaration used on a motion “must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.” That is a good standard for any affidavit, in or out of court.

An affidavit is different from a deposition, where a witness answers questions under oath and the other side can cross-examine.

Affidavit, declaration or statutory declaration: which do you need?

Many people pay for a notary when they do not need one. Under 28 U.S.C. 1746, wherever federal law or rules require a sworn statement or affidavit, an unsworn written declaration signed “under penalty of perjury” has the same effect. Inside the United States the wording is:

“I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”

Outside the United States, the signer adds “under the laws of the United States of America” after “penalty of perjury”. The section does not cover depositions, oaths of office, or oaths that must be taken before a specified official other than a notary. Many states have their own version for state proceedings, such as section 2015.5 of California’s Code of Civil Procedure.

If a bank, court clerk or foreign authority asks for a notarized affidavit, give them one. A declaration only works where the rule you are dealing with accepts it. Documents going abroad may also need an apostille after notarization.

How do you write an affidavit?

Use any form the court or agency provides, because local requirements vary. If there is no form, this structure works for most US affidavits.

Practical drafting points:

• Stick to facts. Leave out argument, opinion and legal conclusions unless you are giving expert evidence.
• Be specific. Dates, places, amounts and names carry weight. “Around spring” does not.
• Write in the first person and in your own words. An affidavit that reads like a lawyer’s brief invites challenge.
• Do not sign in advance. For a jurat, the notary must watch you sign or confirm the signature as part of the oath.

How do you sign and notarize an affidavit?

1. Finish the document but leave the signature line blank.
2. Find a notary. Many banks, shipping stores and law offices offer notary services.
3. Bring government photo ID. The notary must identify you.
4. Take the oath or affirmation. The notary asks whether you swear or affirm that the contents are true. An affirmation carries the same legal weight for people who prefer not to swear.
5. Sign in front of the notary, who then completes the jurat, signs and applies a seal or stamp.
6. Keep a copy and file or deliver the original as required.

The notary does not check whether your statement is true. Their role is to confirm your identity and administer the oath. A jurat (for affidavits) is different from an acknowledgment, which is used for deeds and similar documents and confirms only that you signed willingly. Our guide to what notaries do covers the other notarial acts.

Cost. States cap notary fees. California allows up to $15 for administering an oath with a jurat, and $15 per signature for an acknowledgment. Texas allows $10 for an oath or affirmation with certificate and seal. Mobile notaries may charge extra travel fees where state law permits.

Can you notarize an affidavit online?

Often, yes. Remote online notarization (RON) lets you appear before a commissioned notary by live audio-video link, prove your identity electronically and sign digitally. According to the National Association of Secretaries of State, Virginia became the first state to authorise remote electronic notarization in 2011, and 47 states and the District of Columbia now have a law allowing it.

Before using RON, check two things: that the notary is commissioned in a state that permits it, and that the court or institution receiving your affidavit accepts electronically notarized documents. If your matter is in federal court, a section 1746 declaration may be simpler still. Notarization is also often needed for related documents such as a power of attorney.

What happens if you lie in an affidavit?

A knowingly false affidavit can be prosecuted as perjury. Under 18 U.S.C. 1621, a person who wilfully states a material matter they do not believe to be true, either under oath or in a declaration under section 1746, faces a fine, up to five years in prison, or both. Every state has its own perjury offence for state proceedings.

There are civil consequences too. Under Rule 56(h), if a court finds an affidavit or declaration was submitted in bad faith or solely for delay, it can order the party to pay the other side’s reasonable expenses, including attorney’s fees, and can hold the party or attorney in contempt. Honest mistakes are not perjury, but you should correct them as soon as you notice them, usually with a supplemental affidavit.

How do affidavits work in England and Wales?

In civil courts in England and Wales, most evidence is given by witness statement verified by a statement of truth: “I believe that the facts stated in this witness statement are true”, followed by a warning that contempt proceedings can be brought against anyone who makes a false statement without an honest belief in its truth. Affidavits are used where a rule, practice direction or court order requires them.

Practice Direction 32 sets the formalities:

• it must be in the first person and begin “I (full name) of (address) state on oath”, giving your occupation and whether you are a party or employed by one;
• exhibits are introduced with the words “there is now shown to me marked ‘…’ the (description of exhibit)” and kept separate from the affidavit;
• the jurat must follow straight on from the text, not on a separate page, and show the name, qualification and address of the person who took the oath;
• it must be sworn before someone independent of the parties and their representatives, so your own solicitor cannot take it.

Fees. Solicitors and commissioners for oaths charge fees fixed by the Commissioners for Oaths (Fees) Order 1993: £5 for each person making an affidavit, declaration or affirmation, and £2 for each exhibit that has to be marked. These amounts include VAT where it applies. The same fees apply to statutory declarations, which are used outside court for things like confirming a change of name or a lost document.

Lying. False evidence on oath for court proceedings is perjury under section 1 of the Perjury Act 1911, with a maximum of seven years’ imprisonment. A false statutory declaration is a separate offence under section 5, with a maximum of two years.

Frequently asked questions

Does an affidavit have to be notarized?

In the US, an affidavit must be sworn before an official authorised to administer oaths, usually a notary. If the document is not sworn, it is not an affidavit. In federal matters, a declaration under 28 U.S.C. 1746 signed under penalty of perjury can often be used instead.

Can I write my own affidavit?

Yes. Anyone with first-hand knowledge of the facts can draft and swear an affidavit, provided it meets the court’s or agency’s format rules. Use any official form available, keep to facts you know personally, and have a lawyer review it if the stakes are high.

How much does it cost to notarize an affidavit?

State law caps the fee. California allows up to $15 for an oath with a jurat and Texas allows $10. Mobile and online notaries may add travel or platform fees. In England and Wales, a solicitor or commissioner for oaths charges £5 per affidavit plus £2 per exhibit.

What is the difference between an affidavit and a declaration?

An affidavit is sworn or affirmed before an official, who completes a jurat. A declaration is signed under penalty of perjury without any official present. Both carry criminal penalties for lying, but a declaration is accepted only where a statute or court rule allows it.

Can a solicitor witness an affidavit for their own client?

Not for court proceedings in England and Wales. Practice Direction 32 requires the affidavit to be sworn before someone independent of the parties and their representatives, so you need a different solicitor or a commissioner for oaths.

Is lying in an affidavit a crime?

Yes. In US federal matters, knowingly false sworn statements or declarations are perjury under 18 U.S.C. 1621, punishable by up to five years in prison. In England and Wales, perjury in court proceedings carries up to seven years, and a false statutory declaration up to two years.

This article is general information about affidavits in the United States and in England and Wales as of 10 November 2026. It is not legal advice. Notary rules and court requirements vary by state and court, so check the rules that apply to your document before signing.