General Affidavits

An affidavit is a written statement, sworn to be true. Usually, you sign an affidavit in front of someone that is legally authorized to take oaths, like a judge or notary public.

You can use an affidavit to share facts that you personally know. Affidavits are a form of evidence.

Affidavits may be required when you ask the court for "extraordinary" relief, like removing someone from a home or protecting children from an abusive parent.

Affidavits are often used in court cases. But they can also be used for other reasons, like proving a will, adding information to an application, or fixing a mistake in a record. And you may need affidavits for property and business transactions.

Yes. Because you swear to the information you provide in a affidavit, the information you include is treated as if you testified to it in court. You can be criminally prosecuted for perjury if you lie in an affidavit.

Affidavits must be signed in front of a notary public.

• A notary must verify your identification before you sign the document. Bring ID (like a driver’s license or other form of identification) for the notary before you sign the affidavit.
• Notaries usually charge a small fee to verify your ID and sign and stamp your affidavit. Check with the notary before you meet to find out how much and what form of payment to bring with you.

When a document has been notarized, that means in part that a notary public can certify that the signature on the document is authentic.

You may be able to use an unsworn declaration instead of an affidavit.

An unsworn declaration can serve the same purpose as a general affidavit in most (but not all) situations.

Unlike an affidavit, you do not have to sign an unsworn declaration in front of a notary public. Read Unsworn Declarations to learn more. Texas Civil Practice and Remedies Code 132.001 explains when you can use an unsworn declaration instead of an affidavit.

Yes, you can add an exhibit to your affidavit. An exhibit is something that you write about in the affidavit, state that you are attaching it as an exhibit, and add it onto the affidavit as the last page.

Exhibits to an affidavit can be another tool to show what you are saying is true.

An exhibit might be a copy of a document (like a copy of a receipt or written letter you mention in your affidavit) that supports the claim that your statement is true.

Yes, it’s a good idea to talk with a lawyer if you can. A lawyer can give you advice, review your affidavit, or even represent you. You may also be able to get free help at a legal clinic. To find a lawyer, try your local lawyer referral service, our Legal Help Directory, or check our Legal Events and Clinics Calendar.