Affidavits and declarations in the United States District Courts

There are two different but equally valid ways that a witness can give written evidence in the United States District Courts. The two ways are:

by affidavit, sworn before a notary public; or
by unsworn declaration, signed with a statement that the unsworn declaration is made under penalty of perjury in accordance with the requirements of 28 USC § 1746.

Both of these methods are valid ways to give written evidence is in the United States District Courts. They are of equivalent effect.

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The difference between an affidavit and a declaration was explained by the Court in Turner v. Parker, Dist. Court, MD Tennessee 2019 (Case No. 3:18-cv-00003):

By definition, an affidavit is a “written or printed declaration or statement of facts, made voluntarily, and confirmed by oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation.” Black’s Law Dictionary 36 (6th ed. abr. 1991).

A declaration, on the other hand, is not required to be sworn but must, instead, be verified by the person making it as “true under penalty of perjury,” dated, and signed, in substantially the following form: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).” 28 U.S.C. § 1746.

In practise, unsworn declarations are often preferred to affidavits for one simple reason: because, unlike an affidavit, an unsworn declaration does not need to be sworn before a notary public. This means that an unsworn declaration is a faster and easier method of giving written evidence than an affidavit.

For more information about these methods of giving evidence in the United States District Courts, please see the following pages. Links to free blank affidavit and declaration forms in Word format for download are at the bottom of each page.

Giving written evidence by affidavit in the United States District Courts

Giving written evidence by unsworn declaration in the United States District Courts