What is an Affidavit?
Authored By: Montana Legal Services Association (MLSA)
An affidavit is your written statement that you swear under oath (or affirm) is true. An affidavit must be notarized.
What does "notarized" mean?
- you swear under oath (or affirm) that your statement is true;
- a notary public watches you sign the affidavit;
- a notary public makes sure you are you (by checking your driver's license or other identification); and
- a notary public signs her or his name and seal to the affidavit.
Where can I find a notary public?
You can usually find a notary public at:
- a bank;
- a courthouse; and
- Montana Legal Services Association
Why should I use an affidavit?
You may want to use an affidavit if:
- You cannot go to a court hearing but you want the judge to see your statement as evidence; or
- You want your statement to be included in a court file.
However, please be aware that giving an affidavit to the court does not guarantee that your statement will be evidence or included in a court file. That is up to the judge.
Where can I find a form for an affidavit?
Click here to get a Microsoft Word form that is on the State of Montana Law Library Web Site: