I need to prepare an affidavit or unsworn declaration.

Some kinds of affidavits require specific wording. Use this kit only if you are sure that there is not a specific form available. Good places to look for legal forms include:

• The court's website
• TXCourts.gov
• Texas State Law Library
• Texas Justice Court Training Center (for Justice Court cases only)
• TexasLawHelp. There are affidavits for certain situations, such as small estates, interstate custody matters, nonparent caregiver authorization forms, etc.

Drafting Your Own Court Documents includes tips for finding forms, too.

Choose either the General Civil Affidavit or General Civil Affidavit - no style of the case.

• Is it being filed as part of a new or existing court case? Use the General Civil Affidavit.
• Is is being prepared for some other reason? If so, use the General Civil Affidavit – no style of the case.

If you are using the General Civil Affidavit - no style of the case form, skip the above steps.

Know why you need the affidavit. This is because someone reading the affidavit should know what the affidavit is for. Think about who will be reading the affidavit, and why they will be reading it.

The title line on this affidavit form is one place where you can write about what the affidavit is about. For example, it could say, "Affidavit: Jane Doe's testimony about Landlord Richard Roe's Actions."

With an affidavit, you are making statements only about facts you personally know about. So, your affidavit must include only very specific statements of fact.

Do not include facts that aren't relevant. For example, if the affidavit concerns repairs you say your landlord should have made, don't say anything about how they do not have enough parking spaces for their tenants.

The affidavit is not a document in which you make legal arguments. Instead, it is a statement of facts that should help someone like a judge make a decision about your case.

Judges can only consider evidence that is admissible, or allowed by law. For your affidavit to count, it must follow the Rules of Evidence.

To be used in court, the information in your affidavit must be:

• Relevant: It must help prove or disprove something important in your case.
• Material: It must be related to the main issues the court is deciding.
• Authentic: It must be real. Some documents, like official records, can prove themselves without extra help.
• Not privileged: It cannot include private or protected information. In Texas, this includes private talks with your lawyer, spouse, doctor, or clergy member.

If your affidavit includes information that doesn’t meet these rules, the judge may not consider that information.

Read Gathering and Presenting Evidence to learn more. Talk to a lawyer if you're not sure whether the evidence is admissible.

Before signing the affidavit in front of a notary, try to have a lawyer review it. If you are representing yourself, and have not been accepted by a legal aid organization, read How to Find a Lawyer for tips about finding a lawyer. Look into limited scope legal services—lawyers who offer limited scope services may charge you just for reviewing the affidavit rather than representing you for the whole case.

Notaries usually charge a small fee, but some places offer the service for free. Banks, credit unions, and public libraries may have free notaries for their members or visitors. If you have a lawyer, ask if their office has a notary you can use, either in person or online.

You can also find notaries at law offices, courthouses, banks, and mailing or shipping stores. Some workplaces or places of worship may have one, too.

To check if a notary is licensed in Texas, use the notary search tool on the Texas Secretary of State’s website.

First, to learn what it means to sign a document in front of a notary, read Notary Signing Explained.

The notary's role is to verify your identity, witness your signature, and certify that you signed the document willingly. Notaries must keep an official log of the documents they witness and the identities of the signers.

Bring your ID card, because the notary will need to see it. Then, the notary will swear you in, and you will sign the affidavit in front of the notary.

After you have signed the document, it becomes a sworn statement ready for the uses described in General Affidavits.

Make an extra copy for your records. Keep it in a safe place.

You may use the declaration form instead of the affidavit form if:

• you do not have access to a notary,
• no laws require a notary, and
• it is safe for your address to be in the public record.

You cannot use an unsworn declaration if the document:

• relates to a lien (a claim against property that may be used to repay a debt) required to be filed with a county clerk,
• concerns real or personal property and must be filed with a county clerk, or
• is an oath of office or an oath required to be taken before a specified official other than a notary public.

TexasLawHelp has unsworn declaration forms for several situations: general forms, forms for incarcerated people to sign, and forms for government employees to sign. Plus, there are forms with a style of the case and without a style of the case.

Is it being filed as part of a new or existing court case? Use

• General Civil Declaration
• Unsworn Declaration–Inmate
• Unsworn Declaration–Government Employee

Is is being prepared for some other reason—not as part of an existing court case, or in anticipation of filing a case? If so, use an unsworn declaration without a style of the case.

• General Civil Declaration–no style of the case
• Unsworn Declaration–Inmate–no style of the case
• Unsworn Declaration–Government Employee–no style of the case.

If you are using the General Civil Declaration - no style of the case form, skip Step 3 and go to Step 4.

If it is being filed as part of a new or existing court case, then you will need a declaration with a style of the case, such as:

• General Civil Declaration
• Unsworn Declaration–Inmate
• Unsworn Declaration–Government Employee

Enter information at the top of the form to exactly match other court documents in your case.

Include:

• Cause or case number,
• Party names (including "v.", if applicable),
• Any child names, if this is a family law case involving children (including "In the interest of ...", if applicable),
• Court or precinct number,
• Court type (District, County, or Justice Court,
• Place number, if applicable (There will only be a place number if you are in Justice Court, and only if there is more than one Justice of the Peace in the precinct.), and
• The county in which the court is located.

With an unsworn declaration, you are making statements only about facts you personally know about. So, your declaration must include only very specific statements of fact.

Do not include facts that aren't relevant. For example, if the declaration concerns repairs you say your landlord should have made, don't say anything about how they do not have enough parking spaces for their tenants.

The declaration is not a document in which you make legal arguments. Instead, it is a statement of facts that should help someone like a judge make a decision about your case.

Judges can only consider evidence that is admissible, or allowed by law. For your unsworn declaration to count, it must follow the Rules of Evidence.

To be used in court, the information in your declaration must be:

• Relevant: It must help prove or disprove something important in your case.
• Material: It must be related to the main issues the court is deciding.
• Authentic: It must be real. Some documents, like official records, can prove themselves without extra help.
• Not privileged: It cannot include private or protected information. In Texas, this includes private talks with your lawyer, spouse, doctor, or clergy member.

If your declaration includes information that doesn’t meet these rules, the judge may not consider that information.

Read Gathering and Presenting Evidence to learn more. Talk to a lawyer if you're not sure whether the evidence is admissible.

Before signing the declaration, try to have a lawyer review it. If you are representing yourself, and have not been accepted by a legal aid organization, read How to Find a Lawyer for tips about finding a lawyer. Look into limited scope legal services—lawyers who offer limited scope services may charge you just for reviewing the declaration rather than representing you for the whole case.

After you have signed the document, it becomes a sworn statement ready for the uses described in Unsworn Declarations.

Make an extra copy for your records. Keep it in a safe place.