π What is an Affidavit?
An affidavit is a written statement made under oath or affirmation, typically used as evidence in court. It's a formal declaration of facts where you swear that the contents are true to the best of your knowledge and belief. A notary public or other authorized official must witness your signature.
π What is a Statutory Declaration?
A statutory declaration is a written statement that allows a person to declare something to be true. It is similar to an affidavit, but it is made under a statutory provision rather than an oath. A statutory declaration is commonly used for various legal and administrative purposes outside of court.
βοΈ Affidavit vs. Statutory Declaration: Key Differences
| Feature |
Affidavit |
Statutory Declaration |
| Oath/Affirmation |
Made under oath or affirmation |
Made under a statutory provision |
| Witnessing |
Must be witnessed by a notary public or authorized official |
Must be witnessed by a person authorized to take statutory declarations (e.g., lawyer, commissioner of oaths) |
| Use |
Primarily used as evidence in court proceedings |
Commonly used for legal and administrative purposes outside of court |
| Legal Basis |
Governed by rules of evidence and court procedures |
Governed by specific statutes or legislation |
| Consequences of False Statement |
Perjury (criminal offense) |
Making a false statutory declaration is a criminal offense under the relevant statute |
π Key Takeaways
- π Affidavits are sworn statements used primarily in court, needing a notary.
- ποΈ Statutory Declarations are used outside court under specific laws, witnessed by authorized individuals.
- π‘ Choose based on where it will be used: court (affidavit) or other legal/admin contexts (statutory declaration).