What Documents Are Required for an Affidavit?

An affidavit is a printed or written statement of facts often used in court cases or other legal proceedings. Although documents to support the statement do not need to be attached to an affidavit, some form of documentation may be required to prove the identity of the signer.

According to the National Notary Association, acceptable forms of identification in Pennsylvania include:

• A driver’s license.
• A passport.
• A state, county or local government identification card or other government-issued identification with a signature or photo if deemed acceptable by the certifying official.

Forms of identification that are NOT acceptable for certification include:

• A social security card.
• A credit or debit card.
• A birth certificate.
• A school identification card.

What Is an Affidavit?

A signed affidavit is similar to a sworn statement, but it carries more weight. This is because the signer, also known as the “affiant,” makes a declaration under oath that the facts in the statement are true to the best of his or her knowledge.

In order for an affidavit to be valid as evidence in court, the statement it contains must be made voluntarily. The document must also be certified by someone qualified to administer an oath, this could be a court official or a notary public.

If it is later discovered the affidavit statement is false, the affiant or the person who administered the oath could be charged with a crime for perjury. This severe penalty for lying makes an affidavit stronger evidence than other written statements submitted to the court or a government agency.

Affidavit Process

The process for preparing an affidavit is fairly straightforward. Since an affidavit is a statement made to the “best of your knowledge,” supporting documentation pertaining to your case is not required.

Once your statement is typed or written onto the affidavit form, you will sign the form in the presence of a notary or other official who will confirm your identity and certify the affidavit.

Your identity can be confirmed through:

• A preexisting personal relationship with the official.
• The presentation of an acceptable form of identification. If you do not have current identification, you may be asked to obtain or renew some form of identification.
• A credible witness known to both you and the certifying official who is willing to affirm your identity. This is usually reserved for elderly or disabled people for whom obtaining a new, acceptable form of identification would be a hardship (for example, someone living in a nursing home who has mobility issues).

Seeking Legal Consultation

When preparing an affidavit, careful consideration must be taken to use clear and accurate wording in the written statement. In addition, the certification process must be performed correctly for the statement to be considered admissible as evidence. Mistakes can be costly, so it is a good idea to let an attorney assist with the preparation of your affidavit.