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- Statutory Declaration
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A sworn declaration used in place of an affidavit must be specifically authorized by statute. The federal courts and a few states have general statutes allowing a sworn declaration in any matter where an affidavit can be used. [2] [3] In other cases, sworn statements are allowed for some purposes, but not others. [4]
An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. [ 1 ]
In English and American law, a jurat is that part of an affidavit which contains the names of the parties swearing the affidavit, the actual statement that an oath or affirmation has been made, the person before whom it was sworn, the date, place and other necessary particulars. The jurat is usually located on the bottom of a document.
For example, you might need to submit documents that prove your: age. ... You’ll also have to send in a sworn statement if your document was lost or a police report if it was stolen.
In Canadian jurisdictions, statutory declarations are statements of facts written down and attested to by the declarant before individuals who are authorized to administer oaths except that they are normally used outside of court settings. They have the same effect in law as a sworn statement or affidavit.
This statement is called an affidavit. This is in contrast to a statutory declaration , where no sworn oath or affirmation is involved. The oath given to support an affidavit is frequently administered by a notary , who will certify the giving of the oath by affixing her or his seal to the document.
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