A sworn statement is evidence. Whether you swear it in front of a notary or affirm it under penalty of perjury, a court may rely on it, an opponent will read it closely, and you can be held to every line.
Most problems with them are avoidable, and they are the same problems every time.
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Only swear to what you actually know
The single most important rule.
Write what you personally saw, heard, did or received. Where something is based on information from somebody else or on documents, say so plainly, using the language the statement provides for matters stated on information and belief.
Presenting second hand information as personal knowledge is the fastest way to have a statement attacked, and it is the kind of error that damages your credibility on the parts that were true.
Facts, not argument
A sworn statement is not the place for your case theory, your opinion of the other party, or how unfair the situation is.
Set out facts in a clear order, with dates. Let the argument live in the papers where argument belongs, or in what your attorney writes.
Statements written in anger read badly, invite cross examination, and rarely help. Write it, leave it overnight, and cut every sentence that is a feeling rather than a fact.
Attach the documents
A statement referring to an agreement, a message or a payment is far stronger with the document attached and identified as an exhibit.
Label them clearly, refer to them by label in the text, and make sure the copies are legible.
Do not describe a document from memory when you have it. And do not describe one you cannot produce without saying so.
Get the mechanics right
Complete it fully before signing. No blanks.
Do not sign in advance where it is being notarized, because the notary has to witness the signature on a sworn document.
Check the caption, the court, the index number and the names. A statement filed in the wrong caption creates work for everybody.
Number the paragraphs. Courts and opponents refer to them, and unnumbered narrative is harder to use and harder to answer.
Corrections and changes
If you spot an error after signing, do not alter the document. A crossing out or a written change after the certificate undermines the whole thing and looks worse than the error.
Execute a corrected statement, or a supplemental one, depending on what your attorney or the court advises. Never backdate anything.
Affidavit or affirmation
Since 2024, any person may affirm under penalty of perjury in place of an affidavit in a New York civil action, which removes the notarization requirement for many filings.
That does not extend to every situation, and documents heading to other states, to federal courts, or outside the court system entirely are unaffected. See what changed and what did not.
Read your form. If it carries a notarial block, treat it as needing one, and we can usually handle that the same day or online in minutes.
Take the penalty seriously
Whether sworn or affirmed, you are stating under penalty of perjury that the contents are true.
That is not a formality, and the language on a New York affirmation says so explicitly, including that it may involve a fine or imprisonment.
Read the finished document once more before signing, slowly, as though somebody hostile were reading it. That five minutes is the most useful thing on this page.
Statements from other people
Often you need somebody else to provide one: a witness, a family member, a colleague, a doctor.
Two rules. It has to be in their words, not yours, and they have to actually read it before signing. Drafting a statement and asking somebody to sign it unread is the version of this that collapses under questioning.
Ask them what they remember, write it as they said it, send it to them to correct, and let them change anything they are not comfortable with. A shorter statement somebody genuinely stands behind beats a comprehensive one they will retreat from.
Each person signs their own statement. Never sign for somebody else, and never have one person swear to what several people know.
Statements from people who are elsewhere
Common, and easy to solve badly.
Where a witness is in another state or another country, they can still provide a sworn statement. Within the United States, an online notarization takes minutes from wherever they are.
Outside the United States, American online notarization is generally unavailable, and the routes are a local notarization under that country’s law or a United States consulate, sometimes followed by authentication. Plan that leg early because it is always the slowest.
Where the New York affirmation option applies, a witness may be able to affirm without any of that, which is one of the practical benefits of the 2024 change.
Keep the file
Keep the signed original, the version you submitted, the exhibits as filed, and a note of the date.
Sworn statements get quoted back at people, sometimes years later in a different proceeding. Being able to produce exactly what you signed, with its attachments, is worth the two minutes of filing it properly.
A structure that works
Most effective sworn statements follow the same shape, and it is worth copying.
Open by identifying yourself and your connection to the matter in a sentence or two. Then state, plainly, that the facts are within your personal knowledge except where stated otherwise.
Set out the facts chronologically, one point per numbered paragraph, with dates. Refer to exhibits as you go rather than dumping them at the end.
Where something is on information and belief, say which parts and from where.
Close without a flourish. A sworn statement does not need a conclusion arguing your case; it needs to stop when the facts stop.
Short paragraphs, plain words, no adjectives you would not defend under questioning.
What a notary is and is not checking
Worth being explicit, because people occasionally treat the notary as a reviewer.
We verify who you are, confirm you are signing willingly, administer the oath or affirmation, and complete the certificate. We do not read the document for accuracy, check the caption, confirm the exhibits, or assess whether the statement helps your case.
Nobody is checking your document but you and, if you have one, your attorney. That is the argument for reading it once more before you sign rather than assuming somebody downstream will catch a mistake.
Do not sign under pressure
Sworn statements are sometimes produced quickly, at the end of a difficult meeting, by somebody who wants your signature today.
You are entitled to take it away and read it. You are entitled to change what is wrong. You are entitled to decline.
A notary is required to be satisfied that a signature is knowing and voluntary, and we will stop a signing where somebody plainly has not read what they are swearing to or is being pushed.
That is not an obstacle. On a document you can be held to under penalty of perjury, it is the safeguard doing exactly what it exists for.
Need a starting point? Our free general affidavit template has the standard structure and the notary block already set up.
Related reading
- Affidavit or affirmation? What changed in New York courts
- Affidavits of service in New York
- Representing yourself: which forms need a notary
- Documents for courts in other states
- Oaths, depositions and notaries
This is general information, not legal advice, and NotarEaseNYC is not a law firm. A notary cannot tell you what to file, draft a document, or advise on a case. Court rules differ by court and by type of proceeding, so follow the instructions from the court handling your matter and speak with an attorney where anything significant is at stake.