Key Takeaways

  • Both affidavits and statutory declarations are formal written statements used to confirm facts, but their primary difference lies in context and authority.
  • Affidavits are sworn under oath before an authorized officer (such as a notary or commissioner of oaths) and are commonly used in court proceedings.
  • Statutory declarations are affirmed, not sworn, and are typically used outside of court in administrative or commercial matters.
  • An affiant is the person making an affidavit, while a declarant is the person making a statutory declaration.
  • Misstatements in either document may have legal consequences, but falsehoods in an affidavit are more likely to attract perjury charges.
  • Jurisdiction matters: some countries favor affidavits, others rely more on statutory declarations for official purposes.

When comparing an affidavit vs. statutory declaration, the main difference is that an affidavit is generally used in court while a statutory declaration is not.

What is the Difference Between an Affidavit and a Statutory Declaration?

An affidavit is a written statement of facts that the person making has sworn to be the truth. To be legally usable, an affidavit must be sworn by the person making the statement in front of an individual with legal authorization to administer an oath. A statutory declaration has some similarities to an affidavit, although this statement is typically used outside of a court of law. One example is if the grantor of land passes away, a statutory declaration might be used to prove the death in the land transfer process.

All declarations are subject to legislative provisions. Although it's not as often used in a court setting, a statutory declaration generally will hold the same legal weight and have the same effect as if it had been made in court, under oath. When an affidavit is written, these statements are sworn to be true in front of a testifying party with legal authority.

An affidavit will include a written account of a specific event or events, based on how the author of the statement recalls the facts. The statements or claims in a statutory declaration are believed to be true, but the declaration is simply an affirmed statement by a declarant or author. An affidavit's author will duly sign the written record.

When the author signs the record, the affidavit is considered to be authentic. Additionally, the author will be witnessed by a commissioner of oaths, also referred to as a notary public. The presence of the notary public will verify that the claims being made in the affidavit are truthful. If the author is later proven to have provided information that is not truthful in an affidavit, the witnessing by the notary public subjects that individual to potential charges of perjury.

A statutory declaration is signed by the person giving the statement, but any qualified witness can be present. Qualified witnesses include:

  • Justice of the Peace
  • Legal counsel

Affidavits are most commonly used in legal proceedings and court cases. In a legal case related to family matters, an affidavit is often used as evidence during the hearings. If a witness in a court case is unable to appear in person, whether due to an intentional barring of their identity or to protect their personal safety, that witness can provide an affidavit as written evidence to be used in the case. An affidavit can even be used to grant an individual voting registration.

If someone wishes to assert that a claim they made is true and valid to fulfill a legal condition, a statutory declaration can be used for this situation. Statutory declarations are especially important in cases with little available evidence.

The use of these types of declarations will vary, depending on the jurisdiction or location. Some of the possible uses include:

  • Declaring identity
  • Changing the name of an individual
  • Determining the origin of goods
  • Declaring nationality

Affidavits are similar to declarations under the penalty of perjury, also known as sworn statements. A court will usually consider both options to hold the same legal equivalence, although affidavits are more widely preferred. When giving a declaration under penalty of perjury, the person giving the statement must also state: "I declare under penalty of perjury that the foregoing is true and correct." The statement must be accompanied by the signature of the declarant and the date.

In Uganda, the Statutory Declarations Act Cap. 22 outlines the differences between these documents. In section two, it states that no affidavit may be sworn for purposes, except:

  • When the written law authorizes an affidavit
  • When the affidavit relates to court applications, proceedings, or other related matters

When to Use an Affidavit vs. a Statutory Declaration

While both documents are legally binding, the choice between an affidavit and statutory declaration depends on the context:

  • Affidavit: Most often used in court proceedings, litigation, or where strict evidentiary standards apply. For example, affidavits are submitted as evidence in family law hearings, personal injury claims, or business disputes.
  • Statutory Declaration: More common in administrative, commercial, or regulatory settings. Examples include confirming identity, verifying a lost document, declaring goods’ origin, or supporting government applications.

Courts typically require affidavits due to the higher standard of truth tied to the oath, while statutory declarations suffice in civil or administrative processes where an oath is not mandatory

Who is the Affiant?

In an affidavit, the affiant is the individual who is swearing to the statement being made.

Legal Consequences of False Statements

Making a false statement in either document is a serious offense, but the penalties can differ:

  • Affidavit: Because it is sworn under oath, knowingly making a false affidavit can result in perjury charges, carrying criminal penalties.
  • Statutory Declaration: While not under oath, false declarations are still punishable under statutory law, often leading to fines or imprisonment depending on jurisdiction.

The key distinction is that an affidavit ties the statement directly to the legal consequences of lying under oath, while a statutory declaration attaches liability under legislation governing declarations

Who is the Declarant?

A person who is making a declaration is called the declarant.

Jurisdictional Variations in Affidavits and Declarations

Different countries and jurisdictions prefer one document over the other:

  • United States and Canada: Affidavits are widely used in legal proceedings, though statutory declarations may also be recognized in certain administrative processes.
  • Australia and the UK: Statutory declarations are frequently used in government and commercial contexts, while affidavits are reserved mainly for court matters.
  • International Context: For cross-border matters, it is important to confirm whether the receiving authority requires an affidavit, a statutory declaration, or if both are acceptable.

This variation underscores the importance of understanding local laws before drafting or submitting either type of document

Frequently Asked Questions

1. Is an affidavit stronger than a statutory declaration?

Yes, affidavits are generally considered stronger because they are sworn under oath and often required in court proceedings.

2. Can a statutory declaration replace an affidavit?

Sometimes. For administrative or commercial purposes, a statutory declaration may be sufficient, but courts usually require an affidavit.

3. Who can witness a statutory declaration?

Qualified witnesses may include a justice of the peace, lawyer, notary, or other officials authorized by law.

4. What happens if I lie in an affidavit or statutory declaration?

False statements in an affidavit may lead to perjury charges, while false statutory declarations can result in fines or criminal penalties under legislation.

5. Do all countries recognize both affidavits and statutory declarations?

No. Some countries use only affidavits in legal contexts, while others rely more on statutory declarations for administrative matters.

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