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Guilherme Mazui

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What is the Difference Between Affidavit and Declaration?

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The main difference between an affidavit and a declaration lies in the authentication process and the presence of a notary public or commissioner of oaths.

Affidavit:

  • A written statement of facts within the writer's knowledge.
  • Authenticated by the author's signature, which is made before a notary public or commissioner of oaths.
  • Subject to perjury charges if the statements prove false.
  • More commonly used in legal proceedings, such as family disputes, bankruptcy cases, and voter registration.

Declaration:

  • A written document containing a statement that the writer believes to be true.
  • Only signed by the author, without being witnessed or authenticated by a notary public or commissioner of oaths.
  • Subject to perjury charges if the statements are found to be false.
  • Often used in various situations, including patent registrations.

While both affidavits and declarations are admissible in court, many judges prefer affidavits over declarations due to the additional layer of authentication provided by the notary public or commissioner of oaths.

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  • What is the Difference Between Affidavit and Declaration?
  • Comparative Table: Affidavit vs Declaration

    • Comparative Table: Affidavit vs Declaration

    Here is a table comparing the differences between an affidavit and a declaration:

    Feature Affidavit Declaration
    Definition A written statement made under oath and signed before an authorized person like a notary public. A written statement made under penalty of perjury but not sworn before an authorized person.
    Oath Yes, the document is sworn under oath before a notary public or commissioner of oaths. No, the statement is made without being sworn in.
    Signature Yes, the document is signed by the person making the statement and witnessed, authenticated, and notarized by a commissioner of oaths or notary public. Yes, the document is signed by the person making the statement, but it is not witnessed or authenticated by a commissioner of oaths or notary public.
    Legal Differences Declarations are sometimes called "sworn statements" under the penalty of perjury. They are similar to affidavits in court because both are considered equivalent legally, although most judges prefer affidavits. Declarations are used in various situations, including patent registrations. Some courts also use declarations under penalty of perjury instead of affidavits, as they are shown to be just as effective in getting individuals to tell the truth.

    Both affidavits and declarations can be used in court, as they are admissible as evidence in legal proceedings. However, affidavits are more commonly used in hearings as evidence, particularly in legal family matters, and for legal documents such as voter registration.

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    Guilherme Mazui

    Guilherme Mazui is graduated in journalism from the Federal University of Minas Gerais (UFMG) and a master's degree in Communication from the University of São Paulo (USP). In addition, he has experience in advertising writing and has worked as a content editor in several companies.