Difference Between Affidavit and Statutory Declaration

Affidavit Vs Statutory Declaration

An affidavit, has written statements that is really true and is sworn in front of legal testifying authority. It contains the written facts of certain events as the author recalls them into memory. Conversely, a statutory declaration is just an affirmed statement by its author or declarant. The claims or statements asserted are merely believed to be true.

Affidavits are duly signed by its authors. It is declared to be authentic with the help of affixing the author’s signature as he or she is being witnessed by a notary public also known as a commissioner of oaths. This move will verify the truth of the claims in the affidavit and subjects the author of such to perjury charges incase it will be discovered to contain deliberate fallacies. On the other hand, the statutory declaration still needs to be signed by its author in front of any qualified witness like a legal counsel or a Justice of the Peace.

An affidavit is almost always required during court sessions and proceedings. For example in family-related matters of the law, affidavits are most likely used as one of the evidence in the hearings. It can also be used as written evidence from a witness who will not be able to appear before court due to question of personal safety or intentional barring of their identities for other special reasons. If someone wants to have a voter’s registration, an affidavit can also be used for such a purpose.

Statutory declarations are often utilized to allow someone to assert that a certain claim is valid and true just to fulfill some legal conditions, especially when evidence is hardly available. Although these declarations vary depending on the location or field of influence (jurisdiction), these can be used in changing an individual’s name, applying for patenting, asserting the origin of certain goods for marketing, declaring identity and nationality where other written evidences are unavailable.

Summary :
1. An affidavit is a sworn written statement of fact whereas a statutory declaration is a statement of fact but not sworn.
2. An affidavit is often signed in front of a notary public whereas a statutory declaration is often signed in front of an attorney or a Justice of the Peace.
3. Affidavits are used if one needs to get some legal documents like the voter’s registration. Statutory declarations are used for name changes, patent requests and also serve as evidences in the event that more concrete evidences are not available.

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