Why Am I Being Requested to Provide an Affidavit or Declaration?

Generally, you are likely being requested to provide an affidavit or declaration because the person requesting that you do so believes you to be a good witness with pertinent personal knowledge as to one (1) or more matters in their legal case.  They wish for you to share your personal knowledge or state of mind under penalty of perjury.  The most efficient, economical, and rapid method to offer evidentiary statements is through an affidavit or declaration.   For these reasons, you are likely being requested to provide an affidavit or declaration that will likely be introduced into evidence in the court record.

What is an Affidavit or Declaration?

During or in preparation for litigation, you or someone you know may be requested to write or help write and sign an affidavit or declaration.  You will be requested to do so under penalty of perjury pursuant to California Code of Civil Procedure section 2015.5 affirming the truth of matters contain therein.  But what is an affidavit or declaration?

An affidavit (In Latin: “he or she has pledged on faith”) or declaration (In Latin: “an exposition”) is a voluntary sworn statement of facts written down and sworn to by an individual, called the declarant.  Black’s Law Dict. (12th Ed. 2024).   This statement is offered by the declarant usually to prove their personal knowledge or state of mind.  The declarant offers the statement under penalty of perjury as manifested by the declarant affixing their signature at the end of the written instrument.  The objective of this legal instrument is to convey the declarants personal knowledge as to the matters stated therein, and to insure good faith in the averments or statements of the declarant.  Albertson v. Raboff, (1960) 185 Cal. App. 2d 372, 388.

It is also worth mentioning that the California Code of Civil Procedure section 2015.5 defines a “declaration,” and an, “affidavit,” as a writing that is signed, dated, and certified as true under penalty of perjury.  Under section 2015.5, the written instrument must also reveal, “a place of execution,” (Where the declarant signed the document) within the State of California, or recite that the declarant executes the document, “under the laws of the State of California.”  Kulshrestha v. First Union Commercial Corp., (2004) 33 Cal. 4th 601, 606.

What Does Penalty of Perjury Mean?

Perjury is a crime.  The crime of perjury is defined as a false statement made, “under penalty of perjury.”  California Penal Code § 118(a) (“[E]very person who…declares,…or certifies under penalty of perjury… and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.”).  Therefore, when writing and signed an Affidavit or Declaration it is important to ensure that your statements are true and correct.  If you execute an affidavit or declaration containing untrue statements, you will not only hurt the person who requested that you help them – by submitting a sworn statement containing falsehoods, you severely undermine their case – but you also will commit crime: The crime of perjury.