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Need to put facts on the record? An affidavit might be the document you’re looking for.
In this article, we’ll walk through what affidavits typically include, how to write one, when a declaration might work instead, and whether you can sign these documents electronically.
Disclaimer: This information is for general purposes only. It isn’t legal advice and shouldn’t replace counsel from a licensed attorney.
What is an affidavit?
An affidavit is a written statement you use to formally confirm that certain facts are true. The person making that statement is called the affiant.
You might be asked for an affidavit to prove where you live, confirm someone’s identity, document the delivery of legal papers, or provide facts in a legal proceeding.
The basic idea is simple, but the exact rules might not be. Depending on what the affidavit is for, you might need a specific form, a notary or other authorized official, or a particular signing and filing process. So before you start writing, check the instructions from the court, agency, or recipient that asked for it.
If signed documents are a regular part of your work, Dropbox Sign can help simplify eligible eSignature workflows by making it easier to prepare, send, and track documents. Talk to a Dropbox Sign specialist to discuss your workflow.
What information does an affidavit include?
Most affidavits are similar, even though the details can vary. You’ll usually see:
- A title explaining what the affidavit is for
- Your name and other identifying information
- A statement that you swear or affirm the information is true
- The facts you’re providing, often in numbered paragraphs
- Your signature and the date
- Any required jurat, notarization, or certification
If you’ve been given an official affidavit form, use it. If the recipient has provided signing instructions, follow those too.
For example, Federal Rule of Civil Procedure 56(c)(4) applies to affidavits and declarations used to support or oppose a summary judgment motion in federal civil court. In that context, the statement must be based on personal knowledge, contain facts that would be admissible in evidence, and show that the person making it is competent to testify about those facts.
That’s a good reminder of why context matters: Requirements can change depending on where and how the affidavit will be used.
How to write an affidavit
If you need to write an affidavit, don’t begin with legal-sounding language. First, find out exactly what the recipient needs.
- Check the instructions first: Find out whether there’s a required form and whether the affidavit needs to be notarized or completed in a particular way.
- Identify yourself clearly: Add the personal or business information the form asks for.
- Stick to the facts: Write in the first person and focus on information you know firsthand.
- Make it easy to follow: Short, numbered paragraphs can help separate one fact from another.
- Double-check the details: Review names, dates, addresses, amounts, and other specifics before signing.
- Follow the signing requirements: If you need to sign in front of a notary or another authorized person, don’t sign ahead of time.
- Submit and keep the document as instructed: That may mean filing it, sending it to a recipient, or retaining a completed copy.
If you prepare recurring documents, it can help to standardize the parts that don’t change. With Dropbox Sign, you can save documents as reusable templates and add signature, date, checkbox, and text fields for forms that are eligible for eSignature.
Affidavit example and template
A simplified affidavit example might look like this:
AFFIDAVIT OF [SUBJECT]
[Court caption, if required]
I, [full legal name], state:
- I am [explain your connection to the matter], and I have personal knowledge of the facts below.
- [First fact, stated plainly.]
- [Second fact.]
- [If used: Attached as Exhibit A is a description of the document.]
I swear or affirm that the foregoing is true and correct.
_______________________
[Signature]
[Printed name]
Dated: [date]
[Jurat completed by the notary or other authorized officer]
DISCLAIMER: These documents are provided to users as a starting point for convenience. Using a template isn’t a substitute for legal advice from a licensed attorney, and the information contained in the document therefore shouldn’t be construed as legal advice. Because the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, you shouldn’t rely on the materials provided here without first consulting an attorney about your specific situation. Dropbox Sign doesn’t make any representation as to the legal enforceability or effectiveness of any templates, or the resulting documents created using them.
Common types of affidavits
The affidavit you need depends on what you’re being asked to confirm.
- Small estate affidavit: May be used in some jurisdictions for certain estate matters.
- Affidavit of heirship: Provides information about a deceased person’s heirs or family relationships.
- Affidavit of residency: Confirms where someone lives.
- Affidavit of service: Documents delivery of legal papers. In federal civil cases, Rule 4(l)(1) addresses evidence of service of a summons unless service is waived.
- Financial affidavit: Provides information about income, expenses, assets, or debts.
- Affidavit of domicile: States a person’s legal residence or domicile.
- Affidavit of death: Records information about a person’s death for a particular process or transaction.
- Self-proving affidavit: May accompany a will and help establish that it was properly executed, subject to applicable state law.
- Affidavit of identity: Confirms details about someone’s identity.
You don’t need to memorize the differences. If someone asks you for a particular affidavit, start with the form and instructions they provide.
Affidavit vs declaration: What’s the difference?
An affidavit is generally sworn or affirmed and may need to be signed in front of an authorized official.
In some situations, an unsworn declaration can be used instead of an affidavit. For example, 28 USC § 1746 allows qualifying declarations made under penalty of perjury to stand in for sworn statements in certain federal situations.
In federal summary judgment proceedings, Rule 56(c)(4) applies the same requirements to affidavits and declarations used to support or oppose the motion.
Qualifying § 1746 declarations may also be subject to federal perjury rules under 18 USC § 1621. For other affidavits, the consequences of false statements depend on the law that applies.
Can you sign an affidavit electronically?
Sometimes, yes. But don’t assume an eSignature will work for every affidavit.
Acceptance of electronic signing can depend on the type of affidavit, applicable law, notarization requirements, court or agency rules, and other factors. If notarization is required, you still need to meet that requirement through an accepted process.
A useful rule: check first, sign second.
Once you’ve confirmed that electronic signing is acceptable, Dropbox Sign can help with the practical part. You can prepare the document, send it to the appropriate signer, see where the request stands, and use automatic reminders to cut down on manual follow-up. Learn more about electronic signatures with Dropbox Sign.
Dropbox Sign doesn’t determine whether a particular affidavit can be electronically signed, whether notarization is required, or whether a recipient will accept it. Those requirements need to be checked separately.
Make repeat document signing less of a chore
One affidavit may be easy enough to manage manually. But once you add approvals, employee forms, vendor paperwork, customer documents, and other signature requests, the busywork starts to pile up. Someone has to prepare each document, get it to the right person, follow up, check what’s still waiting, and make sure the completed copy ends up where it belongs.
With Dropbox Sign, you can prepare, send, sign, track, and manage documents that are eligible for electronic signing. Reusable templates help with documents you send often, while automated reminders and status visibility mean less time spent chasing signatures and checking for updates.
Dropbox Sign also offers integrations with supported business tools, so you can add eSignature to workflows you already use rather than creating another manual handoff.
For one document, those steps may not seem like much. Across dozens or hundreds of signature requests, they’re exactly the kind of repetitive work worth simplifying.
Want to see how Dropbox Sign could fit your document workflows? Talk to a Dropbox Sign specialist.
Affidavit FAQs
Does an affidavit have to be notarized?
An affidavit is sworn before someone authorized to administer oaths, often a notary. Who needs to witness the affidavit and how you sign it depend on the form or rule that applies. When 28 USC § 1746 applies, an unsworn declaration can replace a written sworn statement without a notary, subject to the statute’s exceptions.
Can I notarize my own affidavit?
You generally can’t notarize your own affidavit, so use another authorized officer. State law controls the exact prohibition. The Revised Uniform Law on Notarial Acts, which is model legislation rather than binding state law, bars a notarial officer from acting on a record to which the officer is a party or from which the officer would benefit directly.
Can you write your own affidavit?
You may be able to, but follow any required form and instructions. A self-represented party may need to prepare an affidavit, but the same filing and evidence rules still apply. If a court or agency provides a form, use it. Consider seeking legal advice if you’re unsure what the affidavit should say.
What’s the difference between an affidavit and a sworn statement?
A sworn statement is a broad term for a statement made under oath. An affidavit is one type: It’s written and sworn before an authorized officer. Section 1746 lists affidavits alongside several other sworn records for its federal substitution rule, but that doesn’t make the terms interchangeable in every setting. If someone asks for an affidavit, check whether an unsworn declaration is allowed instead.
How long is an affidavit valid?
The federal provisions discussed in this article don’t set one expiration date for all affidavits. Whether an older affidavit can still be used depends on whether its facts remain current and whether the applicable rule or recipient requires a recent document. Ask the recipient what it will accept.
What’s an affidavit used for?
An affidavit provides facts in a written, sworn form. In federal civil cases, Rule 56(c)(4) covers affidavits used to support or oppose a motion for summary judgment. Rule 4(l)(1) governs proof of service unless service was waived and requires the server’s affidavit unless a US marshal or deputy marshal performed the service. Rule 4 provides different ways to prove service outside the United States. Outside litigation, affidavits may document facts about estates, property, identity, or residency, as the examples above show.
Can an affidavit be signed electronically?
Sometimes. An affidavit filed with a court may fall under the § 7003(b)(1) exception if it counts as an official court document that must be signed as part of the proceeding. Follow the court’s local rules and e-filing requirements.
ESIGN itself doesn’t generally force a private recipient to accept an electronic record. Another law or agreement may still matter, so confirm the required format before signing. If § 1746 allows a declaration instead, no notary is needed, but a declaration filed with a court must still follow that court’s rules.
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