The certification granted by a notary’s jurat, or stamp and signature, makes a document an even more acceptable piece of evidence. A notary public is an official who is responsible for acting as an impartial witness for the purpose of ensuring that important documents are signed properly. The difference between a sworn statement and a sworn affidavit, however, is that affidavits are signed, witnessed, and certified by a public official, such as a notary public. Sworn statements and affidavits are similar types of documents. Difference Between Sworn Statement and Sworn Affidavit In most cases, however, the court prefers to have a Notary Public confirm the identity of the person signing the statement.
Another example of a sworn statement being accepted by the court is if the person making the statement lives too far away to attend the legal proceedings but still has information that is important to the case. The court may, in certain situations, allow such a statement to be submitted in lieu of forcing the person to make an appearance in court. Another use of a sworn statement might come from an individual who can confirm whether or not a party was in a certain place at a certain time. This would lessen the impact of the plaintiff’s claim that he sustained a back injury in the accident. This might be a sworn statement from a personal trainer, confirming that the plaintiff had a preexisting back injury. Here, a witness might confirm an important fact for the court, without actually appearing in court. The more clearly the statement is written, the less room there is for misinterpretation that could potentially have negative effects on the outcome of the case.Īn example of a sworn statement being used in court might occur in a personal injury case. It must be written clearly, as the person making the statement may not be present in court when it is read. Otherwise, in the federal courts and some states, general statutes allow for a sworn statement to be used in any matter wherein an affidavit would be accepted as well.Ī sworn statement is understood to be a form of testifying under oath. In certain cases, sworn statements can be used only for the purposes granted by law. A sworn statement may only be substituted for an affidavit when permitted by statute.
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