Affidavits and witness statements are both common legal documents used in criminal and civil law cases, but they have distinct differences and purposes. Understanding their true nature can help discern these differences more clearly.
Key Takeaways
- An affidavit is a sworn document under oath of perjury and is considered a truthful statement, whereas a witness statement is not a sworn document and merely states a person’s observations.
- Affidavits are notarized, giving them significant weight in legal proceedings, while witness statements are only signed by the person making the statement.
- Witness statements provide basic information about a person’s observations, while an affidavit is a more thoroughly researched document and can be used as solid evidence in court cases.
An affidavit, derived from medieval Latin and translated as “he/she has declared upon oath,” is a written sworn statement of fact made voluntarily under an affirmation or oath. This is done by a deponent or an affiant before a person who is authorized by law to do so, such as a commissioner of oath or a notary public. An affidavit consists of verification under oath or penalty of perjury, serving as evidence of its veracity as required by court proceedings.
A witness statement, on the other hand, can be defined as a recording of what a witness heard or saw, signed by the person in question to confirm that the contents of the document are true. In the UK, witness statements are described as a “written statement signed by a person which contains the evidence which that person would be allowed to give orally,” while in the US, a witness statement is eschewed in favor of a process of discovery, including deposition of key witnesses before the trial. Witness statements provide basic information pertaining to a person’s observations and may be used as a tool during legal proceedings.
Affidavits and witness statements both serve as tools during legal proceedings, but their different natures give them distinct purposes and definitions. An affidavit is a sworn document under oath of perjury and is considered a truthful statement, while a witness statement is not a sworn document and only states a person’s observations. Affidavits are notarized, giving them significant weight in legal proceedings, while witness statements are merely signed by the person making the statement. Witness statements provide basic information about a person’s observations during a certain incident, while an affidavit is a more thoroughly researched document. Witness statements can be used as tools during legal proceedings or merely as a means of refreshing a witness’s memory, while an affidavit can be used as solid evidence in a court case and is generally regarded as the truth. If the content of an affidavit is found to be untrue, the person responsible is punishable by law. Such a penalty is not imposed upon a witness statement since there is no way of proving the veracity of a witness statement.
