What is the Difference Between Affidavit and Witness Statement?

The main difference between an affidavit and a witness statement lies in the formality and the consequences of providing false information. Here are the key differences:

1. Formality: An affidavit is a sworn document made under oath of perjury, which means the person making the statement is asserting that the information is true and accurate, and they are punishable by perjury if the content is found to be untrue. A witness statement, on the other hand, is not sworn and is simply signed by the person making the statement.
2. Usage in Legal Proceedings: Affidavits are generally used as evidence in court cases and are considered truthful statements. Witness statements, while they can be used in legal proceedings, do not carry the same weight as affidavits and are not considered evidence in court until the witness is sworn in and confirms the statement's accuracy.
3. Notarization: Affidavits must be notarized, signed in the presence of witnesses, and the person making the statement must swear that the facts contained in it are true and correct. Witness statements do not need to be notarized and can be signed by any adult.
4. Content: Affidavits should only contain statements of fact rather than opinion and information that the person making the statement can confirm with their own knowledge. Witness statements may include observations and opinions and are generally less rigid than affidavits in terms of content and format.

In summary, an affidavit is a more formal and legally binding document than a witness statement, with the person making the statement being subject to penalties for providing false information. Witness statements are less formal and not considered evidence in court until the witness is sworn in and confirms the statement's accuracy.

Comparative Table: Affidavit vs Witness Statement

Here is a table comparing the differences between an affidavit and a witness statement:

An affidavit is a sworn document under oath of perjury and is considered a truthful statement, while a witness statement is not a sworn document and merely states the observations of a person. Affidavits are notarized, giving them significant weight in legal proceedings, and are signed by the person making the sworn statement. On the other hand, witness statements are signed by the person making the statement but are not notarized.