Affidavit

Jurisdiction: Country: US | Province/State: New York

What is a Affidavit?

An affidavit is a written statement of facts that you swear are true. In New York, you sign it in front of a notary public. The notary confirms your identity and your oath or affirmation. The notarized statement then becomes sworn evidence. You can use it in court, with an agency, or in business matters.

The person making the statement is the “affiant.” You must have personal knowledge of the facts you state. You should not guess or rely on rumors. If you attach documents, you call them “exhibits.” You refer to them in the affidavit.

Who uses this form?

Many people do. Tenants, landlords, employees, contractors, and business owners use affidavits. Parents, guardians, and caregivers use them in school and family matters. Witnesses and experts use them in court cases. Banks, insurers, and title companies ask for them in transactions.

You use an affidavit when a decision maker needs sworn facts. It lets you present facts without live testimony. You can file an affidavit with a motion. You can submit one with an application. You can give one to a bank or school.

Typical scenarios look like this. You are a tenant and need to show lack of heat. You are a landlord and document property damage after move-out. You are a small business owner and confirm a debt is unpaid. You are a contractor and confirm last date of work. You are a parent and prove residency for school enrollment. You are a witness and describe a car accident. You are an executor and list family members of a decedent. You are a process server and prove service of papers. You are a notary and certify a copy is true. These all rely on sworn facts, not just a casual note.

An affidavit is not a contract. It does not obligate the other side. It reports facts you swear to under penalty of perjury. That is why decision makers rely on it. False statements can bring legal penalties. You should write clearly, stick to facts, and sign only when ready.

When Would You Use a Affidavit?

You use an affidavit when someone needs verified facts. Courts and agencies often need them. Businesses and schools often ask for them. Use it when you need to formalize your statement. Use it when ordinary letters will not do.

If you are a tenant, you might swear to poor conditions. You could list dates without heat and attach photos. You might show that you gave notice to the landlord. Your affidavit helps a court understand your claim.

If you are a landlord, you might swear to unpaid rent. You could attach the lease and ledger as exhibits. You might describe the steps you took to collect. Your affidavit supports a request for a judgment.

If you are a business owner, you may need to prove a balance due. You can state the services you provided and the price. You can attach invoices and the contract. Your affidavit shows the debt is real and unpaid.

If you are an employee, you may swear to hours worked. You can attach time records or pay stubs. Your affidavit can support a wage claim.

If you are a witness, you might describe an accident. You include date, time, weather, and what you saw. You attach photos if you have them. Your affidavit preserves your recollection.

If you are a parent, the school may ask for proof of residency. You can swear to your address and household members. You can attach a lease or utility bill. Your affidavit helps the registration process.

If you are filing in court, you use affidavits often. You may file one with a motion. You can respond to the other side with one. You can provide background facts or attach records. The judge reads your sworn statement as part of the record.

If you are serving legal papers, you file an affidavit of service. You list who you served, how, where, and when. You describe the person if you used substitute service. That affidavit lets the court see proper service occurred.

If you lost a document, a bank may ask for an affidavit of loss. You state when and how the loss occurred. You confirm you have not transferred or pledged the item. The bank uses your sworn statement to process a replacement.

If you hold real estate, title companies may request affidavits. You might sign an affidavit of title with a sale. You may confirm no liens or work remain. Your sworn facts reduce risk in the transaction.

You also use an affidavit when you need a sworn translation. An interpreter can swear they are qualified. They can swear the translation is accurate. That helps a court or agency rely on the document.

In New York, you can swear an oath or make an affirmation. The notary will ask which you prefer. Both have the same legal effect. Some courts accept affirmations from certain professionals. If you are unsure, use a notarized affidavit.

Legal Characteristics of the Affidavit

An affidavit is legally significant because it is sworn. You take an oath or affirmation before a notary. The notary verifies your identity and your act. The notary then completes a jurat. The jurat states you swore to the truth on a certain date. The notary signs and applies their stamp. The notary includes their name and commission details. That certificate makes the affidavit valid.

An affidavit is not binding like a contract. It does not force a result by itself. It is evidence that a court or agency can consider. A judge can rely on it to decide motions. An agency can use it to process your request. A bank can act on it in a transaction.

Accuracy and personal knowledge matter. You should write only what you know first-hand. If you rely on business records, say how you know them. Explain your role and how the records are kept. If you must include something you heard, label it clearly. In court, hearsay may not be useful. Keep your statement factual and direct.

Perjury rules apply. If you swear to something false, you risk penalties. Penalties can include fines or criminal charges. You also risk sanctions in a case. Write carefully and review before signing. If you discover an error, correct it before notarization. If you find an error after, prepare a new affidavit.

Form also matters. The affidavit should have a clear venue line. It should state the county and the state. That shows where you took the oath. The notary and you should be together in that county if in person. For remote notarization, the notary follows special rules. The notary must be authorized to notarize remotely. You complete identity checks and audio-video steps. Follow the notary’s instructions exactly.

The notary must be impartial. They cannot notarize if they have a conflict. They must see you sign, or watch you sign remotely. They confirm your identity with a valid ID or personal knowledge. They administer an oath or affirmation. They fill out the jurat and add their stamp. They state their commission expiration and county where qualified. They may note a commission number. If a notary refuses, ask why. You may need a different notary.

An affidavit can have attachments. You should label each exhibit clearly. You should reference each exhibit in the body. You should keep exhibits complete and legible. Do not redact without a good reason. If you must protect private data, do so carefully. Courts have rules for doing that. You can ask a clerk for guidance.

Some courts require specific forms. Others accept a general affidavit. If you are in an active case, check any local rules. Use the proper caption and case number. Serve copies on the other side if required. File the original with the court if needed. Keep a copy for your records.

An affidavit can be electronic in some settings. Electronic notarization is allowed if the notary is authorized. The notary uses approved technology. You will get a tamper-evident file or certificate. If you use paper, use blue or black ink. Keep the original in a safe place.

How to Fill Out a Affidavit

Follow these steps to complete a New York affidavit.

1) Confirm you need an affidavit

• Identify who asked for it and why.
• Ask if a specific form is required. Some courts and agencies insist on their own forms.
• If there is no set form, a general affidavit works.

2) Set up the title and caption

If the affidavit is for a court case, include the court name. Add the county, case title, and index or docket number. Place “Affidavit of [Your Name]” under the caption. If not for a court, use a simple title. Write “Affidavit of [Your Name]” at the top.

3) Add the venue line. Start the body with:

• “State of New York
• County of [County Name]”
• This shows where you will swear the affidavit.
• It should match where the notary will notarize it.

4) Write the introductory paragraph

• Identify yourself and your capacity.
• Use clear, simple language. For example:

“I, [Full Name], being duly sworn, state:

1. I am over 18 years old and competent to testify.

2. I reside at [Street, City, State, Zip].

3. I have personal knowledge of the facts in this affidavit.”

• Adjust the age line if you are a minor but competent. If you speak as a business representative, state your role. For example:

“I am the owner of [Business Name]. I keep and review the business records.”

5) Present the facts in numbered paragraphs

• Keep each paragraph to one point.
• Use dates, times, places, and names.
• Avoid vague phrases and conclusions.
• Avoid opinions unless you are an expert.
• If you attach a document, reference it. For example: On May 15, 2025, I entered into a contract with John Smith. A true copy is attached as Exhibit A.” “John Smith did not pay the invoice due June 30, 2025. A true copy of the invoice is attached as Exhibit B.”

6) Add any required statements of authenticity

If you rely on business records, explain handling. For example: “The records attached are made at or near the time of the events. They are kept in the regular course of business. I am familiar with how they are created and stored.”

7) Add a request or conclusion if needed

You may end with a simple closing. For example: “I make this affidavit to support my motion for summary judgment.”

8) Attach exhibits and label them

• Use clear labels: Exhibit A, Exhibit B, and so on.
• Mark each exhibit at the top of the first page.
• Mention each exhibit in the text.
• Ensure each exhibit is complete and readable.
• Do not attach originals that you need to keep.
• Use copies unless the recipient demands originals.

9) Prepare the signature block

• Add a line for your signature and your printed name.
• Leave space under it for the notary’s jurat.
• Do not sign yet.

10) Meet with a New York notary

• Bring a valid photo ID.
• A driver’s license or passport is typical.
• If the notary knows you well, ID may not be needed.
• Plan to sign in front of the notary.
• The notary will give you an oath or affirmation.
• You will then sign and date the affidavit.
• The notary completes the jurat.

11) Make sure the jurat is correct

A typical jurat says: “Sworn to (or affirmed) before me this [date] day of [month], [year], by [Your Name].”

The notary signs, prints their name, and applies their stamp. The stamp and notary details should include:

• Notary Public, State of New York
• County where qualified
• Commission expiration date
• Commission number, if used

Check the county and date. They should match your venue line.

12) Review for accuracy and completeness

• Confirm names, dates, and addresses.
• Confirm each exhibit is attached and labeled.
• Confirm all pages are present and in order.
• Number the pages if the affidavit is long.

13) Make copies and store the original

• Keep the original in a safe place.
• Send or file copies where required.
• If you file in court, follow any service rules.
• If you send to a bank or agency, include any covers they need.

14) Use remote notarization only if appropriate

• You can notarize remotely if the notary is authorized.
• You must follow identity checks and audio-video steps.
• You will sign during a live session.
• The notary will provide an electronic certificate or notarial wording.
• Keep the digital file safe.

15) Avoid common errors

• Do not sign before you see the notary.
• Do not leave blanks in the body.
• Do not cross out text after notarization.
• Do not use an acknowledgment certificate for an affidavit.
• An affidavit needs a jurat.
• Do not guess about key facts.
• Do not attach exhibits you have not reviewed.

16) Tailor for special affidavit types

• For an affidavit of service, include service details.
• State the date, time, place, method, and description of the person served.
• Include the documents served and their titles.
• For a business records affidavit, include record-keeping details.
• State that the records were made at or near the time, kept in the regular course, and by someone with knowledge.
• For a family tree affidavit, list each relative with full names, dates, and relationships.
• Attach supporting records if available.
• For a residency affidavit, state your address history with dates.
• Attach a lease or utility bill.

17) Use clear language and tone

• Write in the first person.
• Avoid legal jargon.
• Use short sentences.
• Keep your paragraphs focused.
• The goal is clarity and credibility.
• The reader should see what happened and when.
• Here is a simple structure you can adapt:
• Affidavit of [Your Full Name]
• State of New York
• County of [County Name]

I, [Your Full Name], being duly sworn, state:

1. I am over 18 years old and reside at [Address].

2. I have personal knowledge of the facts below.

3. On [date], at [location], [describe the event or fact].

4. [Next fact with date and details].

5. [Refer to Exhibit A, B, etc., as needed].

6. I make this affidavit for [purpose].

I affirm the statements above are true to the best of my knowledge.

[Signature of Affiant] [Printed Name]

Sworn to (or affirmed) before me this [day] day of [month], [year],

by [Your Full Name].

[Notary Signature] [Notary Printed Name]

Notary Public, State of New York

Qualified in [County]

Commission Expires: [Date] [Notary Stamp]

Use this structure as a guide. Adjust the facts and purpose to your situation. Keep it factual and complete. If your case is complex, consider getting legal help. If a clerk gives format instructions, follow them. Your goal is a clear, truthful, and properly notarized affidavit.

Legal Terms You Might Encounter

• Affiant (also called Deponent). This is you, the person making the sworn statement. Your name appears in the caption and signature block as the affiant. When the form refers to “affiant,” it means the person with personal knowledge who is swearing to the facts.
• Notary Public. A notary is the official who verifies your identity and administers the oath or affirmation. The notary completes the notary block and adds a stamp or seal. Without the notary’s jurat, your document is not an affidavit.
• Jurat. This is the notary’s certification, usually starting with “Sworn to before me” or “Subscribed and sworn.” It confirms you appeared, proved your identity, and swore or affirmed the statement on a specific date in a specific county. The jurat is different from an acknowledgment. An affidavit must have a jurat.
• Venue. The venue line lists the state and county where you sign. You will see it near the top or in the notary block, like “State of New York, County of [Name].” Make sure the county matches where you physically sign.
• Oath or Affirmation. You can swear (oath) or affirm (affirmation). Both carry the same legal effect. The notary will ask if you swear or affirm that your statements are true. The choice is personal. The text in the jurat should match what you chose.
• Personal Knowledge. Affidavits should state facts you know first-hand. “Personal knowledge” means you observed or experienced the facts yourself. If you rely on others or records, say so clearly. If you lack personal knowledge for a point, do not present it as if you do.
• Information and Belief. If you do not know a fact first-hand, you can state it “upon information and belief,” if the form allows it. This signals you believe it to be true based on reliable sources. Keep these statements separate from facts you personally know. Label them clearly.
• Subscribed and Sworn. This phrase appears in the jurat. “Subscribed” means you signed. “Sworn” means you took the oath or affirmation. Together, they show the notary witnessed both your signature and your promise to tell the truth.
• Exhibit (also called Annex or Attachment). Exhibits are documents, photos, or records you attach to support your statements. Label each one (Exhibit A, B, C, etc.). Refer to each exhibit in the body of your affidavit so the reader can connect the reference to the actual attachment.
• Capacity or Title. If you sign for a business, add your role (for example, Manager, Officer, or Member). Your capacity explains why you can speak for the entity. The signature block should show both your name and your title, and the text should state how you know the facts.
• Perjury. By signing, you are subject to penalties for perjury if you knowingly make false statements. This reinforces the importance of accuracy. Read every line. Correct errors before you sign. If something changes later, prepare a new affidavit rather than altering the original.

FAQs

Do you need a notary for an affidavit in New York?

Yes. An affidavit must be sworn or affirmed before a notary. A simple signed statement is not enough. The notary completes a jurat that confirms your identity and the date, and that you swore or affirmed the contents.

Can you use remote notarization?

In many situations, yes. Remote notarization may be available. Ask the notary about current rules and any extra steps, such as identity proofing or recording. If you need remote notarization, confirm that all parties who will rely on the affidavit will accept it.

Do you need a separate witness besides the notary?

No. For an affidavit, the notary is the required official witness. A second witness is not typical unless the recipient asks for one. If extra witnesses are requested, get that in writing before you schedule the signing.

What if your legal name on the form does not match your ID?

Use your exact legal name and bring a matching government-issued ID. If your name changed, bring supporting documents, such as a marriage certificate or court order. The notary may decline if the ID and the name on the affidavit do not match.

Can you affirm instead of swearing an oath?

Yes. You can choose an affirmation. Both have the same legal effect. Tell the notary your preference. The jurat wording should match your choice.

Can you attach photos, emails, or records as exhibits?

Yes. Attach copies, not originals, unless the recipient needs originals. Label each exhibit clearly. Refer to each exhibit in the text by label. Make sure exhibits are legible and complete. If an exhibit has many pages, number them.

Can you change the affidavit after it is notarized?

No. Do not alter or add anything after notarization. If you find an error, complete a new affidavit. If you need to correct a small typo before notarization, strike through the error, write the correction, and initial near the change. The notary should see and acknowledge the change.

Is a notarized letter the same as an affidavit?

Not always. A notarized letter may only verify your signature, which is an acknowledgment. An affidavit requires a jurat, where you swear or affirm the contents. If the recipient asked for an affidavit, make sure the notary uses a jurat.

Checklist: Before, During, and After the Affidavit

Before signing

• Confirm who needs the affidavit and why. Ask for any required wording.
• Identify the correct venue (state and county) where you will sign.
• Gather facts you know first-hand. List dates, places, amounts, and names.
• Separate “personal knowledge” facts from “information and belief” facts.
• Collect exhibits. Label them Exhibit A, B, C, etc. Add page numbers.
• Ensure each exhibit supports a specific statement in your affidavit.
• Prepare a clear caption if tied to a case. Confirm the exact case title and number.
• Decide how you will sign: in person or remote, and schedule the notary.
• Check your ID. Make sure your name matches the affidavit.
• If signing for a business, add your title and authority in the text and signature block.
• Print on clean, letter-size paper. Leave space for the notary jurat.
• Review the entire draft for accuracy and plain language.
• Remove blanks. If you must include a blank, draw a line through it.
• If anyone else must sign (such as a translator), plan for their notarization too.

During signing

• Verify the venue line shows the correct state and county.
• Confirm the date in the jurat is today’s date.
• Read the oath or affirmation. Confirm you understand and agree.
• Check that your name is spelled exactly as on your ID.
• Check all numbers, dates, and addresses one last time.
• Make sure each exhibit is attached and labeled as referenced in the text.
• If you corrected anything, initial each correction in front of the notary.
• Sign exactly as your printed name appears. Use consistent initials if required.
• Let the notary complete the jurat. Do not write in the notary section.
• Ask for a clean, legible notary stamp or seal. Check that it is clear.

After signing

• Make high-quality copies, including all exhibits and the notary page.
• Send the affidavit to the recipient as instructed. Follow any deadline.
• If filing with a court or agency, follow the required filing method and format.
• If service on other parties is required, arrange proper service and keep proof.
• Store the original in a safe place. Note where it is kept.
• Keep a record of when, where, and why you signed it.
• If you later discover an error, prepare and sign a new affidavit. Do not alter the original.
• If circumstances change, consider a supplemental affidavit to update the facts.

Common Mistakes to Avoid

• Signing outside the notary’s presence. Don’t sign before you meet the notary. The notary must watch you sign and administer the oath or affirmation. If you sign early, you will need to redo the affidavit. A pre-signed document can be rejected.
• Using the wrong county in the venue. Don’t guess. The venue must show where you actually sign. A wrong venue can cause rejection or delay. Verify the county with the notary before you start.
• Mixing personal knowledge with hearsay without labels. Don’t present second-hand information as if you witnessed it. Use “upon information and belief” when appropriate. Unclear sourcing weakens credibility and risks challenge.
• Leaving blanks or unattached exhibits. Don’t refer to “Exhibit A” without attaching it. Don’t leave any blank fields. Missing exhibits or blanks can cause rejection and raise questions about accuracy.
• Relying on an acknowledgment instead of a jurat. Don’t use a certificate that only verifies your signature. An affidavit needs a jurat that shows you swore or affirmed. The wrong notary certificate can invalidate the document.
• Signing with a nickname or inconsistent name. Don’t sign “Mike” if the affidavit and ID say “Michael.” Mismatched names can lead to refusal or later disputes about identity.
• Making changes after notarization. Don’t scratch out or add text later. Any post-notary edits void the integrity of the affidavit. Prepare a new affidavit instead.

What to Do After Filling Out the Form

1. Confirm delivery instructions.
2. Identify where the affidavit must go: a court, an agency, a bank, an employer, or another party.
3. Verify any deadline and required format. Ask if they want the original, a certified copy, or a scanned PDF.
4. File or submit as directed. If a court is involved, follow the court’s filing method and caption rules. If an agency requested the affidavit, use their intake process. If a private party requested it, send it using the method they specify, such as mail or secure upload.
5. Handle service if required. If other parties must receive a copy, arrange proper service. Keep proof of service, such as a certificate, mail receipt, or courier confirmation. If an affidavit of service is needed, complete it separately and have it notarized.
6. Track the record. Keep a copy of everything you submit, including exhibits and proof of service. Note the date of submission, how you sent it, and who received it. Save any receipt or stamp page that shows acceptance.
7. Store the original safely. Place the signed original in a secure file. Label the folder with the subject and date. If you anticipate future use, store a backup scan in a secure drive.
8. Prepare corrections or updates if needed. If you find an error after submission, do not alter the original. Draft a new affidavit. In the new document, explain that it corrects or supplements the prior affidavit. Submit it through the same channel and notify the recipient.
9. Respond to follow-up requests. If the recipient asks for clarification, provide a supplemental affidavit or additional exhibits. Keep your responses consistent with the first affidavit. If something has changed, explain the change plainly.
10. Plan for future reuse. If you will need similar affidavits later, keep a clean, unsigned template of your factual section. Do not store a signed version for reuse. Each affidavit must be signed and notarized fresh.