Are Sworn Statements the Same as Affidavits in Texas?
An affidavit is essentially the same as a sworn statement in Texas. It is a written statement, sworn to be true by the individual who drafts it. The person who drafts and signs an affidavit is referred to as an “affiant” in legal terminology.
The statement of an affidavit must be formatted according to certain rules. It must be organized into sections with numbered paragraphs. The contents must be clear and concise with short sentences that are to the point. It should be free of grammatical errors.
The key difference between a sworn statement versus an affidavit is the use that is made of each. They serve different purposes.
An affidavit is a kind of sworn statement that is used in formal legal proceedings. A sworn statement, on the other hand, can be used in a variety of situations in which a person needs to provide a written, sworn statement of fact. For example, a government agency may require a person to submit a sworn statement in order to qualify for some benefit. So the difference in terminology reflects the different uses made of the statements.
In order to have legal validity, an affidavit must be signed by the person who drafts it in the presence of a notary public. This typically requires that the affiant present government-issued identification to the notary, unless the notary knows them personally. Failure to sign in the presence of a notary can render the affidavit legally invalid.
The notary must complete a jurat, a document in which the notary certifies that the affiant personally appeared in the presence of the notary. In addition, the affiant must have taken an oath or affirmed the truth of their statement, and signed their statement, again, in the presence of the notary.
A legally valid jurat must state the notary’s name, the expiration date of their commission, and their official seal. The seal is usually created by a stamp. If any of these elements are missing, or if the affidavit is not executed properly as required by law, a court may reject the affidavit.
Or it could be signed in front of a judge who is, like a notary public, also authorized to take oaths.
Texas law specifies the language that an affiant must use if an affidavit is to have legal effect as evidence that is admissible in a court of law. The affiant must clearly state that they swear under penalty of perjury to the truth of what is stated in the affidavit. Courts have rejected affidavits if the language used to express the oath is ambiguous or vague.
When an individual prepares a sworn affidavit, it is comparable to swearing an oath to the truth in court and then testifying to what the individual knows in response to questions.
Affidavits can be used as evidence. It is important to know that a person can be charged with the crime of perjury if they lie in an affidavit. Perjury is the crime of intentionally lying when under oath to tell the truth. When a person signs an affidavit or sworn statement under penalty of perjury, they swear that what they state in the document is true.
A person commits perjury when they make a false statement under oath or swear to the truth of a statement, knowing that it is false. This applies to both oral and written statements made in legally required sworn circumstances, such as court testimony, affidavits, depositions, and sworn declarations.
The prosecution must prove beyond a reasonable doubt that the false statement was made intentionally, not due to mistake or misunderstanding. The prosecution would present corroborating evidence, such as conflicting testimony or documentary proof, to prove that the false statement was made intentionally.
What Is the Legal Difference Between Sworn Statements and Affidavits in Texas?
There is no meaningful difference between a sworn statement and an affidavit in Texas other than the uses that are made of them.
An unsworn declaration is a written statement signed under penalty of perjury. It is similar to an affidavit, but the person who makes it does not have to sign it in the presence of a notary public. So an unsworn statement could not be used as evidence in a court of law.
When Are Affidavits Commonly Used in Texas Legal Proceedings?
Affidavits are a type of evidence. They are used to present facts to a court as are other types of evidence including witness testimony, documents, photos, records, and videos. An affidavit can serve as a way to preserve the testimony of an individual in writing.
Some common situations in which affidavits are used are as follows:
- Affidavit of Domicile: This is used in probate court. They may be offered to the court by probate lawyers and others. It is offered as proof of the permanent residence of the affiant.
- Affidavit of Heirship: An affidavit of heirship certifies that the affiant has a legal right to inherit the property of another person after they have passed away.
- Affidavit of Marriage: Marriage affidavits serve as proof that the affiant is married. It may be used if a marriage certificate is unavailable.
- Financial Affidavit: Financial affidavits are often used in family court as evidence of the financial situation of the parties to a case, e.g. the spouses in a dissolution of marriage case. They may contain such information as details of a person’s income, assets, and liabilities. They may be used by a judge to determine the party’s responsibility with respect to such issues as child support or spousal support.
Affidavits may be used to present evidence to a court that a party needs to support their argument in a motion in a civil case, e.g. a motion to quash, a motion for summary judgment or a motion to dismiss.
As a matter of efficiency, in many cases, the parties submit the testimony they need for a motion in the form of an affidavit instead of having a hearing at which parties and witnesses must appear and testify in person.
What Happens If I Lie in a Sworn Statement or Affidavit in Texas?
A person who is found to have lied in a sworn statement or affidavit in Texas may be prosecuted for the crime of perjury. As noted above, a person commits perjury if they make a false statement under oath or swear to the truth of a false statement, when they know that it is false. This applies to court testimony, affidavits, depositions, sworn declarations, and both oral and written statements made under penalty of perjury.
The prosecution must prove beyond a reasonable doubt that the false statement was made intentionally, and not because the person was mistaken or misunderstood something. Courts rely on corroborating evidence, such as conflicting testimony or documentary proof, to establish intent.
Perjury is a Class A misdemeanor in Texas. The punishment is a maximum of 1 year in a county jail and payment of a fine of up to $4,000. A judge who is sentencing a person convicted of perjury considers such factors as the defendant’s criminal history and the circumstances in which the false statement was made.
In Texas, the crime of aggravated perjury is a third-degree felony. The punishment is a term of imprisonment of 2 to 10 years and payment of a fine of up to $10,000. The crime is a felony criminal offense to reflect the view that more harm is caused by false statements made in official proceedings, e.g. when they mislead a court or obstruct justice.
In Texas, a felony conviction comes with additional negative effects on the felon’s voting rights, right to own firearms, and ability to obtain professional licenses. In civil matters, such as a child custody dispute, a perjury conviction would have a negative effect on the defendant’s credibility.
Do I Need a Lawyer in Texas To Prepare or Review a Sworn Statement or Affidavit?
If you have a need for a sworn statement or affidavit, you need to talk to a Texas personal injury lawyer. Affidavits are commonly used in personal injury cases, and a Texas personal injury lawyer is well qualified to help a person draft an affidavit or sworn statement. To achieve the goal a person wants to achieve, it is important to draft an affidavit that meets all of the applicable technical requirements.
Your Texas personal injury lawyer can help you avoid any costly mistakes and draft a fully effective sworn statement or affidavit, one that will help you achieve your aim.
