To fill out an affidavit form, write your statement in the first person, lay out the facts you personally know in short numbered paragraphs, attach any supporting documents as labeled exhibits, and sign the form in front of a notary public who administers an oath or affirmation. An affidavit is a written statement of facts you sign under oath, and because you sign under penalty of perjury, a knowingly false statement can carry up to five years in federal prison.1Office of the Law Revision Counsel. 18 U.S. Code 1621 – Perjury Generally That makes accuracy, not formatting, the part worth slowing down for.
The Parts of the Form
Many courts publish standardized affidavit forms through their websites or the clerk’s office. If no pre-printed form fits your situation, you can draft one from scratch using the same structure. Either way, the document has five working parts.
- Caption. If the affidavit relates to an active court case, the top of the document lists the court’s name, the names of the parties, and the case number. If it is not tied to litigation, such as an heirship affidavit filed with a county recorder, skip this section.2Legal Information Institute. Caption
- Identity statement. Open with a sentence that names you and states you are speaking under oath. For example: “I, Jane Doe, residing at 123 Main Street, Springfield, state the following under oath.”
- Numbered paragraphs. Each distinct fact goes in its own numbered paragraph. Keep each paragraph focused on one point so a judge, attorney, or opposing party can cite it directly.
- Exhibits. If you are attaching supporting documents, reference them inside the paragraph that discusses them (“A copy of the lease agreement is attached as Exhibit A”) and label each attachment to match.
- Signature block. Leave space at the bottom for your signature, the date, and the notary’s jurat section.
Write in the first person throughout. Use exact dates, dollar amounts, and names rather than vague references like “recently” or “a large sum.” Fill in every field on a pre-printed form, because leaving blanks can cause a court to reject the filing or raise questions about whether the document is complete.
What the Facts Can and Cannot Say
The body of your affidavit should contain only facts you can personally verify: things you saw, heard, did, or know firsthand. Federal rules make this requirement explicit for affidavits used in motion practice. The statement must set out facts that would be admissible as evidence and show that you are competent to testify about them.3Legal Information Institute. Federal Rules of Civil Procedure Rule 56 – Summary Judgment
In practice, that means no rumors and no secondhand accounts. If you did not witness an event yourself, you generally cannot swear to it. Supporting materials such as bank statements, photographs, contracts, or property records should be organized and attached as labeled exhibits, with each one referenced in the paragraph it supports.
When You Can Say “Upon Information and Belief”
There is a narrow exception. When you lack direct firsthand knowledge of a fact but believe it to be true based on reliable secondary information, you can state it “upon information and belief.”4Legal Information Institute. Upon Information or Belief This phrasing tells the court you are not personally certain but have a reasonable basis for the claim. Courts accept the qualifier for things like the opposing party’s financial condition or events you learned about through business records. Leaning on it heavily, though, undermines the credibility of the whole affidavit, so reserve it for facts you genuinely cannot verify yourself.
Signing in Front of a Notary
Do not sign the affidavit before you reach the notary. You have to sign it in the notary’s physical presence so they can confirm you are who you claim to be and that you are signing voluntarily. Bring the unsigned document and a valid government-issued photo ID, such as a driver’s license or passport. The notary then completes the jurat section, which records the date the oath or affirmation was administered, and applies their official stamp or seal.
When you sign, the notary will ask you to take either an oath or an affirmation. An oath is a pledge invoking a higher power that your statements are true. An affirmation is a personal pledge with the same legal effect but no religious reference. Both carry identical perjury penalties, so pick whichever you prefer.
Most states cap what notaries can charge. For a standard jurat, state-regulated maximums generally range from $2 to $25 per signature, with most states falling between $5 and $15. Alaska, Iowa, Kentucky, and Louisiana do not set a maximum, so notaries in those states charge at their discretion.
A notary cannot notarize a document in which they have a personal stake. Most states prohibit a notary from performing a notarial act if they are named as a party to the document, stand to gain financially from the transaction beyond their standard fee, or are a close family member of the signer. If the notary has any connection to the subject matter, find someone else, because that connection can be used later to challenge the affidavit.
As of 2026, 47 states and the District of Columbia have permanent laws allowing remote online notarization, where you appear before a notary over a live audio-video connection. The notary verifies your identity through knowledge-based questions or credential analysis, watches you sign electronically, and applies a digital seal. Remote fees are often slightly higher, and many states cap the additional charge at $25 on top of the standard notary fee.
When You Can Skip the Notary
Not every sworn written statement has to be notarized. Under federal law, you can substitute an unsworn declaration for a sworn affidavit in most federal proceedings by adding this sentence at the end: “I declare under penalty of perjury that the foregoing is true and correct,” followed by the date and your signature.5Office of the Law Revision Counsel. 28 U.S. Code 1746 – Unsworn Declarations Under Penalty of Perjury It carries the same legal weight as a notarized affidavit and the same perjury exposure for false statements.6Legal Information Institute. Declaration Under Penalty of Perjury
This option applies whenever a federal law, rule, or regulation requires or permits a sworn statement, with narrow exceptions for depositions and oaths taken before specific officials.5Office of the Law Revision Counsel. 28 U.S. Code 1746 – Unsworn Declarations Under Penalty of Perjury State courts set their own rules. Some accept unsworn declarations; others still require a traditional notarized affidavit. If the affidavit is going to a state court, check the local rules before deciding whether to skip notarization.
Fixing a Mistake After You Sign
If you spot a factual error after the affidavit has been notarized, do not cross it out and initial the change. Prepare a new document, often called a supplemental or amended affidavit, that identifies the original, explains which facts were wrong, and provides the correct information. Sign and notarize the amended version the same way as the first.
If the original has already been filed with a court, you may need the court’s permission to substitute the corrected version. File the amendment promptly and notify every other party in the case. Catching an honest mistake and fixing it quickly is far better than letting an inaccurate sworn statement sit on the record.
What Happens If You Lie
Federal law treats a knowingly false statement in an affidavit as perjury, punishable by a fine, up to five years in prison, or both.1Office of the Law Revision Counsel. 18 U.S. Code 1621 – Perjury Generally The same penalty applies to a false statement made in an unsworn declaration under penalty of perjury.5Office of the Law Revision Counsel. 28 U.S. Code 1746 – Unsworn Declarations Under Penalty of Perjury State perjury laws vary but generally carry comparable felony-level consequences.
To trigger a perjury charge, the false statement has to be material, meaning it could influence the outcome of the proceeding.1Office of the Law Revision Counsel. 18 U.S. Code 1621 – Perjury Generally A typo in your address would not qualify. Misstating your income on a financial affidavit or lying about whether you witnessed an event could. Beyond criminal exposure, a court can strike a false affidavit from the record, sanction the person who filed it, or dismiss the case outright.