In New York, a sworn statement, which may also be called a sworn affidavit, is a document that is written, signed, and certified by the individual who is making the statement in the presence of a third party who is authorized to administer oaths. The individual who is making the statement under oath is called the affiant.
The affiant affirms or swears that the information that is contained in the statement is true and accurate to the best of their knowledge. A sworn statement is commonly used in a legal proceeding to provide testimony in writing.
To find out more about providing a sworn statement in New York, how sworn statements can be used, and the requirements for providing sworn statements, it is important to consult with a New York lawyer.
Are Sworn Statements the Same as Affidavits in New York?
Yes, in New York, a sworn statement generally functions the same as an affidavit. They mean essentially the same thing, a written document which is signed and certified by the individual who is making the statement in the presence of an individual who is authorized to administer oaths, where the individual making the statement affirms or swears that the information contained in their statement is true and accurate to the best of their knowledge.
There are three phrases that are commonly used interchangeably, including sworn statement, affidavit of sworn statement, and statement of affidavit. For more information about sworn statements vs. affidavits, it is important to schedule a New York lawyer consultation.
What Is the Legal Difference Between Sworn Statements and Affidavits in New York?
Sworn statements and affidavits are similar in the sense that they are both written documents which are signed and certified by the individual who is making the statement in the presence of an individual who is authorized to administer oaths. Additionally, they are similar because the individual making the statement swears or affirms the information that is contained in their statement is both true and accurate to the best of their knowledge.
Although the two types of documents are very similar, there are some important distinctions. An affidavit requires that a notary public verify the identity of the signer, administer an oath, and seal the document.
An affidavit is also considered a more formal document that is commonly used in court proceedings. An affidavit will typically carry more evidentiary weight in court than an unnotarized, sworn statement.
Sworn statements, in contrast, are typically made without a formal, third party verification. These documents are less formal, for example, statements given to law enforcement for insurance claims.
Both affidavits and sworn statements require that the individual making the statement affirm the truth. Additionally, providing false statements may result in criminal charges for perjury.
When Are Affidavits Commonly Used in New York Legal Proceedings?
As previously noted, affidavits are commonly used in New York legal proceedings as evidence as written, sworn statements of fact. Typically, they will be used to provide testimony or information that is relevant to the case that would otherwise be given verbally in court. Affidavits can be used in many different types of legal cases, including civil lawsuits, criminal cases, and administrative proceedings.
Information that is provided in an affidavit may be used to establish facts, for example, the ownership of property, the identity of an individual, or the facts surrounding an event. An affidavit may also be used to support or oppose a motion or other type of legal argument.
An affidavit can also be used to prove or disprove a specific point in court. It can also be used to support or oppose a specific legal action or application.
An affidavit is typically prepared by the person who is making the statement with the help of an attorney or legal professional. It has to be signed in the presence of a third party authorized to administer an oath, as previously noted.
Affidavits are admissible as evidence in court so long as they are properly executed and meet certain requirements. In order for an affidavit to be admissible in court, it has to be:
- In writing and signed by the affiant
- Sworn or affirmed to be true by the affiant
- Executed in the presence of a person authorized to administer oaths, for example, a notary public
- Relevant to the case at hand
- Notarized or otherwise authenticated
The information that is included in an affidavit has to be credible and reliable. A court will consider the credibility of an affiant as well as the contents of an affidavit when determining its admissibility as evidence.
It is important to be aware that, even when an affidavit is deemed admissible in court, it may not be considered as evidence if it is not relevant or trustworthy. The court will have final discretion on this issue.
In certain situations, the affidavit alone may not be enough evidence for a case. Other types of evidence may also be required to support or rebut the affidavit’s contents, for example, witness statements, documents, or other types of testimony.
What Happens if I Lie in a Sworn Statement or Affidavit in New York?
In New York, if someone lies under oath, whether they do so in an affidavit or in a sworn statement, it is a serious issue that may result in severe legal consequences. When someone lies under oath, they can be charged with perjury.
Perjury is a crime that is committed when someone knowingly makes false statements under oath or swears to the truth of false statements. In the State of New York, perjury is classified by degree, which ranges from misdemeanors to felonies, as follows:
- Perjury in the First Degree: This is a Class D Felony punishable by up to seven years in prison, five years probation, and criminal fines.
- Perjury in the Second Degree: This is a Class E Felony that is punishable by one year and one month to four years incarceration, probation, and criminal fines.
- Perjury in the Third Degree: This is a Class A Misdemeanor that is punishable by up to one year in jail, three years probation, and criminal fines.
- Making a Punishable Written False Statement: This is also a Class A Misdemeanor that is punishable by up to one year in jail, probation, and criminal fines.
When someone lies under oath, the court can reject their testimony or statement and it can also harm their credibility as a witness. It may have a negative impact on the case as well as result in other legal consequences, such as contempt or court.
It is very important to always be truthful when making an affidavit or sworn statement or when testifying in court. If someone has any doubts about the accuracy of the information they are providing, they should consult with a lawyer before they proceed.
Do I Need a Lawyer in New York To Prepare or Review a Sworn Statement or Affidavit?
Even though you do not always have to have an attorney to help with a sworn statement or affidavit, it is usually beneficial to have one, especially when you are involved in a legal proceeding. A New York personal injury lawyer can give you guidance about the format and content of your affidavit to ensure that it meets all of the requirements to be admitted in court.
Your attorney will be able to give you advice about the legal implications of any affidavits or statements that you are making and help you navigate the case process. Use LegalMatch today to find a New York personal injury lawyer near you who can help you resolve any questions or concerns you have related to your sworn statement or affidavit.
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