Difference Between Affidavit Declaration and Statutory Declaration (With Table)

Affidavit declaration and Statutory Declaration are both in the form of written documents. The person making such documents verify the correctness of documents. These documents serve as a written record that intends to hold the maker of such an instrument accountable for their words. Both these are statements of facts that can be produced in a court of law to prove a point.

Affidavit Declaration vs Statutory Declaration

The main difference between Affidavit Declaration and Statutory Declaration is that Affidavit Declaration mainly serves in legal proceedings as proof of some issues. It is nearly always needed during the proceedings of the court. On the other hand, statutory declarations are usually used for issues and matters which can be solved out of a court of law.

An affidavit declaration is a statement of facts that the author of the declaration has declared to be true. These affidavits are declared to be the truth by either taking an oath or making an assertion. The person who signs the affidavit declaration is called a dependent and they usually make the oath or affirmation before a competent authority.

A Statutory Declaration is also a statement of facts that is declared to be true by the author. Such a document is intended to assert certain facts which can be held in a court of law. Such documents help to clear the air in cases where the evidence might not be in sight.

Confirmation Table Between Affidavit Declaration and Statutory Declaration

Parameters of ComparisonAffidavit DeclarationStatutory Declaration
Swearing/AffirmationThe author has to swear under an oath or make an assertion for the declaration to be valid.There is no requirement for the author to swear under an oath or make an assertion to make the document valid.
Usage in court sessions Affidavit declarations are generally used in proceedings or sessions of court.Statutory Declarations are mainly used outside courts.
WitnessIt is signed in front of a notary public. It is signed in front of an attorney or justice of peace.
UseThese declarations are useful in getting some legal documents.These declarations are used in cases of name changes and patent requests.
Legal GuidelinesAffidavits have to follow certain established legal guidelines.They do not need to follow such guidelines.

What is Affidavit Declaration?

An affidavit declaration is a statement of facts that are proclaimed to be true. The assertion or oath signifying this proclamation has to take place in front of competent legal authority as established by the rules and regulations. Such declaration usually takes place in front of a notary public.

When a person signs on an affidavit and makes an assertion or takes an oath regarding the same, they become accountable for the statement’s truthfulness. If their statements are proved false later, they might have to face their consequences in a court of law. Also, such declarations can be submitted as evidence in relevant cases in the courts.

In most parts of the world, the affidavit declaration is supposed to have a particular format and layout. Generally, the affidavit declaration begins with the words, “I [name of deponent] of [address] do solemnly and sincerely affirm…”. Affidavits are generally used to get certain legal documents for future use. There are several types of affidavits like financial affidavit, death affidavit, and affidavit to a court summons.

What is Statutory Declaration?

A statutory declaration is a written account of facts and these documents are required to fulfill certain legal conditions. Certain facts are declared to the general public using a statutory declaration. Request for patents and name change of a person is done with the help of statutory declaration.

Unlike affidavit declaration, there is no need for swearing or asserting in front of any person in Statutory declaration. The facts produced in the document are merely believed to be true and are taken at face value. Thus, a statutory declaration is just a signed statement of facts as per the author.

The statutory declaration is not usually used in the proceedings of the court of law. However, it can be used as evidence to support a claim. A statutory declaration begins with the words, “I [name of deponent] do solemnly and sincerely declare that…”.

Main Differences Between Affidavit Declaration and Statutory Declaration

  1. An affidavit declaration is a sworn written announcement of truth, while on the other hand, a statutory declaration is also an announcement of truth but is not sworn. The maker of an affidavit declaration has to take a swear of oath or make an assertion in front of a competent authority.
  2. The affidavit declaration serves as a part of the sessions of court. These documents serve as legal evidence on relevant matters and help a case to conclude. On the contrary, statutory declarations are generally used outside the court.
  3. The affidavit declaration is legally required to be signed and affirmed in front of the notary public. On the other hand, the statutory declaration has to be signed in front of an attorney. When these documents are signed before these competent authorities, they become legal.
  4. While affidavit declarations are useful in getting some legal documents, statutory documents serve the purpose of the name change of a person or a patent request.
  5. Affidavit declarations have to follow certain guidelines to get the document a legal status. On the other hand, statutory documents need not follow such guidelines. Moreover, there is a difference in the structure of these two types of declarations.

Conclusion

Affidavit declaration and Statutory declaration are both instruments of public use. These are statements consisting of facts that their author believes to be true. Both these instruments are admissible in the proceedings of the court but affidavit declaration has the greater share of usage as evidence.

Both these documents only become valid when they are signed in front of certain competent authorities. If the deponent makes any lies while framing the documents, they can be held accountable for their actions.

References

  1. https://heinonline.org/HOL/LandingPage?handle=hein.journals/jpatos77&div=66&id=&page=
  2. https://heinonline.org/HOL/LandingPage?handle=hein.journals/cljw104&div=29&id=&page=