Affidavits

Powerful tools for Accountability!

*REMEMBER KIDS*: "If it is not DOCUMENTED, it did not happen!"

What Is an Affidavit? 

An affidavit is a written, sworn statement of facts made voluntarily by an individual (the "affiant") under oath or affirmation. It is legally binding and can be used as evidence in court or for official proceedings. In Oklahoma, affidavits are commonly used for legal matters, including court cases, notarized declarations, and official complaints.

How to Create an Affidavit in Oklahoma:

1. Title the Affidavit

The document should have a clear title at the top, such as:

"Affidavit of [Your Full Name]"

"Sworn Statement Regarding [Subject]"

2. Identify the Affiant (Your Information)

Include your full legal name and contact details.

State your relationship to the subject matter (if applicable).

Example: "I, [Your Full Name], residing at [Your Address], do hereby swear under oath that the following statements are true to the best of my knowledge."

3. Write the Statement of Facts

The Affiant should clearly list each fact in numbered paragraphs for readability.

Be specific and truthful [false statements can lead to legal penalties].

Use simple and concise language. 

Example:

"1. On March 5, 2025, I witnessed Officer John Doe use excessive force against Mr. Smith at 123 Main St., Oklahoma City.

2. The officer struck Mr. Smith multiple times, even though he was not resisting."

Attach Any Supporting Documents (If Needed)

If you mention evidence (e.g., photos, reports) in the affidavit, attach copies.

4. Include a Certification Clause

This confirms that the statements made are true under penalty of perjury.

*SIDE NOTE* Oklahoma also follows 28 U.S.C. § 1746, which allows unsworn declarations made "under penalty of perjury" instead of notarization in some cases.

Example:

"I declare under penalty of perjury under the laws of the State of Oklahoma that the foregoing is true and correct."

5. Sign the Affidavit in the Presence of a Notary Public

Oklahoma law requires most affidavits to be notarized unless otherwise specified by law.

Steps for Notarization:

1. Visit a notary public (banks, tag offices, law offices, courthouses, or online notary services).

2. Provide valid ID (driver’s license, passport, etc.).

3. Sign the affidavit in front of the notary.

4. The notary will witness your signature, apply their seal, and sign the affidavit.

Notary Publics in Oklahoma can only charge $5.00 for each act of authenticating documents, each time they stamp their seal [see 49 O.S. 5(A)], however mobile notaries may charge additional fees for services such as traveling to you location.

*Side Note*: Not all Oklahoma Notary Publics are legally obligated to keep a journal or register of their notarizations, it is wise to choose one who does keep such record, to avoid any question as to the validity of your affidavit's legitimacy. 

CAUTION!

DO NOT MAKE FALSE STATEMENTS IN YOUR AFFIDAVIT!

False Statements: Knowingly making a false statement in an affidavit is considered perjury (21 O.S. § 491-500) and is punishable by fines or imprisonment.

Sample Affidavit Format for Oklahoma

AFFIDAVIT OF [Your Name]

STATE OF OKLAHOMA

COUNTY OF [County Name]

I, [Your Full Name], being duly sworn, depose and say as follows:

I am over the age of 18 and competent to testify to the facts contained herein.

On [date], at approximately [time], I was present at [location] and personally witnessed the following event:

[Describe the event or facts clearly and concisely].

[Additional facts or statements].

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief.

Signature: ___________________________

Date: [MM/DD/YYYY]

Sworn to and subscribed before me this ___ day of ____, 2025.

Notary Public Signature: ___________________________

Notary Commission Ends: ____________________________

Notary Seal

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