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Detailed Answer

An affidavit is a written statement you sign under oath saying the contents are true. In Massachusetts, signing an affidavit means you swear to the truth of what you put in the document. Know that knowingly making a false statement under oath can lead to criminal charges for perjury. See Massachusetts perjury law: M.G.L. c. 268 § 1.

Below is a short hypothetical fact pattern to make the guidance concrete: you witnessed a two-car collision at a four-way intersection, saw Vehicle A run a red light and strike Vehicle B at roughly 3:10 p.m., and the plaintiff’s attorney asks you to sign an affidavit describing what you saw.

Follow these steps to protect yourself legally before you sign:

• Confirm the document’s purpose and read it all: Ask who prepared the affidavit and why. Do not sign anything you haven’t read in full. Insist on seeing the final text and a copy for your records before you sign.
• Limit statements to your personal, first-hand observations: Only include facts you personally observed (what you saw, heard, smelled, the time, exact location, weather, vehicle positions, lights). Avoid statements about causation or motive (for example, don’t write “the driver was texting” unless you directly saw a phone in the driver’s hand and the act of use).
• Avoid speculation and opinions: If you are uncertain about an element (exact time, speed, distances, who had the right of way), say so. Use phrases like “I do not recall,” or “I cannot estimate the speed,” rather than guessing. Do not express medical, mechanical, or engineering opinions unless you have expertise.
• Be careful with statements about what others said: If you report a statement you heard (e.g., one driver said “I didn’t see the light”), clearly identify it as who said it and that you are reporting what you heard, not asserting it as fact about causation.
• Correct errors before signing: Never sign a document with blank lines or pages to be filled in later. If the affidavit contains inaccuracies, request changes before you sign. After signing, get a dated copy for your records.
• Sign only after the oath or affirmation is properly administered: Affidavits are generally signed in the presence of an authorized officer (notary public, clerk, justice of the peace). You should be sworn or affirmed before signing. See Massachusetts information on notaries and authorized officers: Find a notary public.
• Understand legal exposure: False statements made knowingly and willfully under oath can be prosecuted under the perjury statute linked above. If you believe any statement you might make could expose you to criminal liability, consult a lawyer before signing.
• If you feel pressured, pause and seek counsel: Witnesses sometimes feel pressured by parties or lawyers. You may decline to sign until you have had a chance to review the affidavit or speak with an attorney. If you receive a subpoena to testify, consider contacting counsel. For help finding counsel, see the Massachusetts Bar Association resources: Massachusetts Bar Association — Find a Lawyer.

Practical drafting tips you can use in a witness affidavit

• Use specific sensory language: “At approximately 3:10 p.m. I saw a blue sedan enter the intersection on a red signal and collide with a gray SUV.”
• Note exactly what you saw and the limits of your knowledge: “I observed the blue sedan’s front bumper contact the passenger side of the gray SUV. I did not see the lead-up to the impact for more than 6–8 seconds, so I cannot state the vehicles’ exact speeds.”
• When you recount statements, attribute them: “After the crash, I heard the driver of the blue sedan say, ‘I didn’t see the light.’”
• Do not include conclusions of law (for example, “the driver was negligent”); the court and lawyers decide legal fault based on facts.

How courts use affidavits in Massachusetts

In civil litigation, affidavits can support motions (for example, summary judgment or motions to exclude evidence). The Massachusetts Rules of Civil Procedure guide how affidavits are presented and used; attorneys commonly rely on sworn witness statements to support factual claims. See general procedural resources: Massachusetts Rules of Civil Procedure.

Because affidavits can influence a case, attorneys may ask witnesses to sign them. That does not change your duty to tell the truth and avoid making statements that exceed your knowledge.

When to get a lawyer involved

• If you worry that facts you observed could expose you to civil liability (e.g., you were a driver involved in the crash) or criminal liability, speak to an attorney before signing.
• If the affidavit asks you to adopt language that you did not observe or that is misleading, consult counsel to protect your rights and avoid later disputes.
• If the document is a criminal affidavit or will be used in a criminal prosecution, get legal advice before signing or making sworn statements.

Helpful Hints

• Keep your statement short and factual. Stick to what you directly observed.
• Don’t sign blank or incomplete forms. Always require a final printed copy before signing.
• Bring identification to the signing so the notary can properly verify your identity.
• Ask for a copy immediately after you sign and mark it with the date and time you signed.
• If you are unsure about a phrase, cross it out and initial the change, or insist the preparer amend the text and provide a fresh copy to sign.
• If asked to sign quickly at the scene, politely decline and say you will provide a signed sworn statement after you review the complete document.
• If you are a party to the crash (driver, owner), consider consulting an attorney before providing any sworn statement.
• Remember: honesty protects you. Accurate, limited testimony helps the case and reduces legal risk to you.

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about your particular situation, consult a Massachusetts-licensed attorney.