The affidavit
An affidavit is a written account of facts, signed by the person making it, who has sworn or affirmed that it is true before an official who can administer oaths. In most cases that official is a notary. The notary's certificate is usually a jurat, which records that the signer signed in the notary's presence and swore or affirmed to the statement.
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The notary identifies the signer and administers the oath. The notary does not check that the facts are true and does not judge the content. The truth of the statement is the signer's responsibility.
The sworn statement
A sworn statement is the everyday name for the same idea. When a form says sworn statement, or says the statement must be sworn to or subscribed and sworn, it generally means the signer takes an oath before an authorized official, as with an affidavit. Some forms print a notary block for this. Others simply say sworn and leave the details to you.
The practical result is often the same visit to a notary. If you are not sure, ask the office: Do you need this sworn before a notary, or is a signed declaration enough?
The declaration or certification
A declaration under penalty of perjury is a signed statement that carries a warning that knowingly false statements can be punished. There is no notary and no oath administered. The signer simply signs the wording, often including a line near the signature that says the statements are true under penalty of perjury.
New Jersey court rules provide a related option. Court Rule 1:4-4(b) allows a person to submit a certification, with specific wording that the statements are true and that willfully false statements are punishable, in place of a sworn affidavit in many court papers. Other agencies and forms follow their own rules. Do not assume a declaration will be accepted where a form says notarized affidavit.
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What you need
- A valid government photo ID
- A computer or phone with a camera
- The unsigned document
Our certificate states the act was performed using communication technology, as New Jersey law requires. What it must say
Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. What to ask them · Several signers
Side by side, in words
Who administers: the affidavit and sworn statement involve an official, usually a notary. The declaration does not. What the signer does: swear or affirm, for the first two. For a declaration, sign under the penalty of perjury wording. What the paper shows: with a notary, that a commissioned official identified the signer and took the oath on a certain date. With a declaration, only the signer's own signed statement.
The wording on the notary's certificate for an oath is a jurat. It is not an acknowledgment, which is a different act where the signer confirms a signature is theirs. Our guide Jurat vs Acknowledgment: Which Notary Act Is It? explains the difference. Our guide Notarizing a General Affidavit Step by Step shows how an appointment goes.
Oath or affirmation
For an oath or affirmation, the signer chooses which one to use. An oath is a pledge that includes a reference to a higher power, and an affirmation is a pledge on personal honor, with no religious reference. The notary will ask which you prefer, and either choice lets the notary complete the act.
Whatever you choose, read the statement before you sign it. Make sure every sentence is true and that it is yours. A notary cannot rewrite it for you or tell you what facts to include.
How to find out which one your form accepts
Read the instructions for the exact phrase. Sworn to before a notary points to a notary and a jurat. Under penalty of perjury, with no notary block, points to a declaration. If both appear, ask. Then ask the office three things: whether a declaration is acceptable in place of an affidavit, whether they require specific wording, and whether there are date or form limits.
Bring the form unsigned if the notary needs to watch you sign. MCC Solutions can notarize an affidavit you have prepared. We cannot choose between an affidavit and a declaration for you, and an attorney can answer questions about what a statement means in your matter.
Common questions
Is a declaration under penalty of perjury the same as a notarized affidavit?
They are related but not the same. A notarized affidavit involves a notary and an oath. A declaration is signed with a perjury warning and no notary. Accepting one in place of the other is up to the office.
Does the notary check that my affidavit is true?
No. The notary confirms your identity, gives you the oath and fills in the certificate. The truth of the statements is your responsibility.
Can I sign the affidavit before I get to the notary?
For a sworn statement the signer generally signs in front of the notary. Bring it unsigned unless the notary or the office tells you otherwise.
More notary guides
- Notarizing a General Affidavit Step by Step
- Acknowledgment vs Jurat: How the Two Acts Compare
- School Enrollment Residency Affidavit Notarization
This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.