In Hawaii, affidavits are commonly used to give evidence in support of applications made in court proceedings. In many cases, the giving of sworn evidence by affidavit will prevent the affiant needing to give sworn evidence from the witness stand in court.
An example of the use of an affidavit in Hawaii would be an Affidavit of Plaintiff (for Uncontested Divorce) in the Family Court (First Circuit). In such an affidavit, the Plaintiff gives sworn evidence that their marriage is irretrievably broken. If the court accepts this evidence, the divorce will be granted and the decree entered without the Plaintiff having to set foot in court.
Who can administer an oath or take an affirmation in Hawaii?
Affidavits for use in Hawaii can be sworn or affirmed before a notary public. The source of the notary’s power to take affidavits is found in Haw Rev Stat § 456-13. This says that:
“Every notary public may administer oaths in all cases in which oaths are by law authorized or required to be taken or administered, or in which the administering of an oath may be proper. “
How to swear an affidavit in Hawaii
To have an affidavit sworn or affirmed in Hawaii, you should attend before a notary public with the following:
- The affidavit. Do not sign this before attending before the notary;
- Valid photographic identification. You will need to produce a current identification card issued by a state, by the US Government or by another national government that contains your photograph and signature. Exceptions apply if you are known to the notary public or if a credible witness known to the notary public swears or affirms your identity (Hawaii Administrative Rules §5-11-7); and
- Money for the notary’s fees. A notary in Hawaii may currently charge $5 for taking an affidavit (Haw Rev Stat § 456-13).
The notary public will ask whether you will swear or affirm the affidavit. If you have religious beliefs then you should swear the affidavit (meaning you will make an oath). If not, you should affirm.
To swear or affirm the affidavit, the notary will ask you to raise your right hand and repeat these words after the notary has said them:
I solemnly swear / affirm that the statements made in this my affidavit are the truth, the whole truth and nothing but the truth.
You should then sign the affidavit (the area in which you sign is called the jurat). As a final step, the notary public must fill out a certificate at the end of the affidavit.
In Hawaii, the notary’s certificate must included the printed name of the notary, their stamp or seal, the jurisdiction in which the affidavit was sworn / affirmed, identification or description of the affidavit, the number of pages and the date of the affidavit. This certificate should be in close proximity to the jurat: Hawaii Administrative Rules § 5-11-8.
Swearing a false affidavit in Hawaii
It is a serious matter to swear an affidavit in Hawaii which the affiant knows to be untrue. A number of offences may be committed by making a false affidavit under Hawaiian law.
The most serious offence is perjury. This is committed if the affiant makes a materially false statement which they don’t believe is true. Perjury is a class C felony under Hawaii Revised Statutes § 710-1061, carrying a maximum penalty of 5 years in jail.
The offence of “false swearing in official matters” will apply if a person swears an affidavit which they do not believe to be true and it is made in an official proceeding or is intended to mislead a public servant in the performance of their official duty. This offence is characterised as a misdemeanor under Haw Rev Stat § 710-1061 and carries a maximum penalty of 1 year in prison.
The remaining offence of “false swearing” applies to all other false statements made under oath that the affiant does not believe to be true. False swearing is a petty misdemeanor under Haw Rev Stat § 710-1062. It is punishable by 6 months incarceration or a fine of up to $1,000.
Sample affidavit for use in Hawaii
This is a sample affidavit for use in Hawaii. It is an example only.
When the affidavit is being finalised, the jurat and certificate under HAR § 5-11-8 should both appear on the same page as the last numbered paragraphs of the affidavit. They should not appear on separate pages and they should not appear on a page by themselves.
AFFIDAVIT OF JOSEPH SMITH
STATE OF HAWAII )
CITY AND COUNTY OF HONOLULU )
I, Joseph Smith, Bank Manager, being first sworn on oath, depose and say:
- I am a Bank Manager in the City and County of Honolulu.
- [continue on in numbered paragraphs, each of 2-3 sentences]
[signature of Joseph Smith]
_______________________
Subscribed and sworn to before me this [day eg 13th] of [month], [year].
[signature of notary public] [SEAL]
_______________________
[name of notary public]
My commission expires: [date]
CERTIFICATE UNDER HAR § 5-11-8
This [number of pages] page Affidavit dated [date of affidavit] was subscribed and sworn to before me, [name of notary], in the [jurisdiction in which the affidavit was sworn / affirmed].
Date of this certification: [date]
[signature of notary public] [SEAL]
_______________________
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