What is an Affidavit?

An affidavit is your written statement that you swear under oath (or affirm) is true. An affidavit must be notarized.

What does "notarized" mean?

"Notarized" means:

• 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?

On the State of Montana Law Library Web Site: courts.mt.gov/Forms