![]() In UK, witness statements are described as a “written statement signed by a person which contains the evidence which that person would be allowed to give orally” while, in USA, a witness statement is eschewed in favour of a process of discovery including deposition of key witnesses before trial. If notarized, it will also require a caption with a title and venue in reference to judicial proceedings.Ī witness statement can be defined as a recording of what a witness heard or saw signed by the person in question to confirm that the contents of the document are true. If in first person, the affidavit is required to contain a commencement, an attestation clause and signatures of the author and witness. An affidavit can be written either in first or third person according to the person who is drafting it. An affidavit can be drafted to obtain a declaration on a legal document such as voter registration stating that the information provided is truthful to the best of the applicant’s knowledge. An affidavit is consisted of verification under oath or penalty of perjury serving as evidence of its veracity as required by court proceedings. This is done so by a deponent or an affiant before a person who is authorized by law to do so such as a commissioner of oath or a notary public. However, knowing the true nature of these two documents will help discern the differences between the two more succinctly.Īn affidavit, derived from the medieval Latin and translated as “he/she has declared upon oath,” is a written sworn statement of fact made voluntarily under an affirmation or oath. Due to the similarity of the nature of these documents, it is very common to assume that both of these words mean the same. ![]() Affidavits and witness statements are common legal documents used in both criminal and civil law cases.
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