Detailed Answer
In Maine, you are generally allowed to refuse to sign a sworn affidavit or written statement if you are unsure about the facts. An affidavit is a written statement made under oath or affirmation. Signing it means you are swearing—or affirming—that the contents are true to the best of your knowledge. If you knowingly sign a false affidavit, you may expose yourself to criminal liability under Maine’s criminal laws prohibiting false statements and perjury. For the state criminal code on false statements and related offenses, see Maine’s criminal code (Title 17-A): https://legislature.maine.gov/statutes/17-A/.
When you can legally decline
– If a police officer, insurance adjuster, or another private party asks you to sign a written statement or affidavit at the scene or later, you may decline or ask not to sign until you are sure the statement is accurate. You may also ask to review and correct the wording.
– If you are a private witness (not under subpoena and not charged with a crime), you have the right to refuse to sign a document. You also can limit your answers to what you directly observed and say “I don’t know” or “I’m not sure” when appropriate.
When you may be compelled
– A court can compel you to appear and give testimony if you are subpoenaed. If a judge issues a valid subpoena requiring you to appear and testify under oath, failing to comply can lead to contempt of court or other penalties. Refusing to sign a document is different from refusing to obey a court-ordered subpoena to testify.
Risks of signing when unsure
- Signing implies you swear the facts are true. Mistakes or guesses can be treated as false statements if made deliberately.
- Insurance adjusters may treat a signed statement as a definitive account; inaccurate information can harm your credibility or your claim.
- In criminal investigations, false statements under oath can lead to prosecution under Maine law.
What to say and do instead
– Tell the requester that you will not sign until you have had a chance to verify your recollection. Say you will provide a statement limited to what you actually saw, heard, or did. Use phrases such as “I do not recall,” “I am uncertain,” or “I only observed X.”
– Request time to review the written statement before signing. Ask for a copy of the statement and the name and contact information of the person preparing it. If an officer is taking a report, politely ask whether the report is final and whether you can receive a copy.
– If a police officer wants a sworn affidavit on the spot and you are reluctant, you may decline and offer a non‑sworn written or recorded account instead until you consult an attorney.
If you are being treated as a suspect
– If law enforcement indicates you are a suspect or subject to criminal investigation, you have the right to remain silent and to consult an attorney before providing a sworn statement. You can say you wish to speak with an attorney before signing anything or answering further questions.
How to protect yourself practically
- Do not sign blank forms or documents with missing information.
- If you must provide an on-the-spot account, keep it to observable facts (what you saw, where you were standing, the time, and what you heard) and note any uncertainty in writing (e.g., “approximate speed: unsure”).
- Ask for copies of anything you sign and keep your own contemporaneous notes or photos.
- If you are unsure whether to sign, consult a lawyer—especially if you are a party to litigation, a target of an investigation, or if the statement may affect your insurance claim.
When to talk to an attorney
– Contact a lawyer before signing any sworn affidavit if the statement could expose you to civil liability (for example, as a party in a crash claim) or criminal exposure. An attorney can advise how to word a truthful statement, how to preserve credibility, and whether to assert any legal protections available to you.