Detailed Answer
When you sign an affidavit as a witness in a Minnesota car accident case, you give a sworn, written statement that may be used in court. Because an affidavit is typically signed under oath, making a false statement can expose you to criminal charges (for example, perjury). See Minn. Stat. § 609.48 for the criminal prohibition against willfully making a false material statement under oath: https://www.revisor.mn.gov/statutes/cite/609.48.
What an affidavit is and why it matters
An affidavit is a written statement of facts that you swear or affirm are true. Courts and lawyers rely on affidavits because they are sworn evidence. If facts in an affidavit are knowingly false and material to the case, you can face criminal prosecution. However, most honest, accurate witness statements do not lead to legal trouble.
How to protect yourself before signing
- Read the entire affidavit slowly. Do not sign a document you have not read in full.
- Only include what you personally observed. Limit the affidavit to first-hand facts (what you saw, heard, smelled, or physically observed). Do not guess about speed, fault, or motivations unless you have direct, reliable evidence.
- Use clear, concrete language. Give dates, times, locations, directions of travel, lights/signals, distances (if you can reasonably estimate), weather, and any actions you directly saw (e.g., “red car ran the stop sign and struck the driver’s side of the blue sedan”).
- State uncertainty when needed. If you do not recall something precisely, say so (for example, “I do not recall the exact time; it was shortly after 5 p.m.”). Saying “I don’t remember” is far safer than guessing.
- Do not sign blank or incomplete documents. Insist that the completed affidavit you review is the same one you will sign.
- Ask questions. If language is confusing or legal terms appear, ask the person who provided the form to explain it. If unsure, ask for time to consult with an attorney or to review your notes and photographs first.
- Keep your own contemporaneous notes and copies. Make and keep a dated copy of the affidavit and any related photos, notes, or contact information for other witnesses.
- Confirm method of signing. Affidavits are often signed in front of a notary public or authorized officer. Know whether you are swearing or affirming the statement and be prepared to take the oath truthfully.
Behavior to avoid
- Do not embellish facts to help one side. Exaggeration can become a false statement.
- Avoid making legal conclusions or assigning blame (e.g., “the driver was negligent”). Stick to observations (e.g., “the driver ran the red light”).
- Do not sign if pressured to misstate or omit key facts.
If you realize an affidavit contains errors after signing
Contact the party who requested the affidavit right away. Explain the error and ask to submit a corrected affidavit or an affidavit of correction. If the affidavit was filed with a court, a corrective filing may be required. If someone accuses you of willfully giving a false statement, the circumstances matter — criminal perjury generally requires a willful and material false statement. Getting prompt legal advice can help protect you.
When to get legal help
Consider consulting an attorney if any of the following apply:
- You are being asked to sign an affidavit that contradicts your notes or memory.
- You are under subpoena to provide testimony or already face an accusation of giving false testimony.
- The affidavit would require you to testify about complicated issues or to adopt legal conclusions about fault.
Key Minnesota legal point
Under Minnesota law, knowingly making a false material statement under oath can lead to criminal liability. See the perjury statute: Minn. Stat. § 609.48. That statute emphasizes the importance of telling the truth in sworn statements. In practice, prosecutors must generally prove the statement was both false and willfully made to secure a conviction.
Disclaimer: This article provides general information about Minnesota law and practical precautions. It is not legal advice. If you need advice about your specific situation, consult a licensed Minnesota attorney.
Helpful Hints
- Bring your own notes and photos when drafting or reviewing an affidavit.
- Write only what you personally observed; avoid hearsay unless clearly identified as hearsay and relevant.
- If unsure about a fact, use qualifying words: “to the best of my recollection,” or “I do not recall precisely.”
- Ask for a copy of the final signed affidavit and store it with your notes and photos.
- Do not rely on social media posts as a substitute for a careful sworn statement; posts can be used against you in court.
- Refuse to sign any affidavit you believe is false or that omits important context.
- If you are subpoenaed to testify, consider contacting an attorney before giving sworn testimony.