Disclaimer: I am not a lawyer. This article provides general information about New Hampshire law and practical steps to protect yourself when signing an affidavit as a witness. It is not legal advice. If you are unsure about anything you are being asked to sign, consult a licensed New Hampshire attorney.
Detailed Answer — Protecting Yourself When Signing a Witness Affidavit in New Hampshire
When you sign an affidavit as a witness in a car accident matter in New Hampshire, you are typically swearing (or affirming) that the statements you make are true to the best of your knowledge. Because false statements under oath can carry criminal penalties, you should take steps to protect yourself before you sign. Below are the key legal principles and practical steps.
1. Understand what an affidavit is
An affidavit is a written statement of facts that the witness signs and swears before a notary public or other authorized official. In New Hampshire courts, affidavits are used as evidence and must be based on the witness’s personal knowledge, not hearsay or speculation. See New Hampshire rules of evidence and civil procedure for how affidavits are used in court (rules are available on the New Hampshire Judicial Branch website: NH Rules of Evidence, NH Rules of Civil Procedure).
2. Know the legal risk: perjury and false statements
Intentionally making a false statement under oath can lead to criminal charges for perjury or related offenses under New Hampshire law. Perjury statutes and related provisions apply when someone knowingly makes false statements in a sworn written declaration. For the state statutes, see New Hampshire’s criminal statutes on perjury and false swearing: RSA Chapter 641 (Perjury and Related Offenses).
3. Before signing: read and verify every sentence
– Read the entire affidavit slowly. Do not sign a document you have not read in full.
– Correct any inaccurate statement in writing. If the affiant or attorney fills in wording that is not accurate, ask for it to be edited before you sign.
– Do not sign a blank affidavit or a document with blank spaces that could be filled in later.
– Make sure the affidavit sticks to what you personally observed. Don’t include rumors, things others told you, or technical legal conclusions (for example, avoid stating “the driver was negligent” — instead describe exactly what you saw like “the car ran the red light at approximately 3:15 p.m.”).
4. Stick to first-hand observations and avoid speculation
Affidavits should reflect facts based on your direct sensory perceptions: what you saw, heard, smelled, or touched. If you do not know something, say so (“I do not know,” “I did not see that,” or “I cannot recall”). Avoid guessing about speed, distance, or cause unless you are comfortable you can accurately estimate those facts.
5. Use precise, factual language
Be specific about time, location, physical details (car colors, positions, signals, brake lights, skid marks), and behaviors you actually observed (e.g., “I saw the red sedan enter the intersection without braking” rather than “The sedan was speeding”). Precise statements reduce the chance of a later misunderstanding or accusation that you contradicted yourself.
6. Confirm the oath/attestation and the notary block
Affidavits commonly end with a sworn statement or jurat (e.g., “Signed under oath this ___ day of ___”). Confirm you are being asked to swear or affirm to the truth of the statement and that the document will be notarized or witnessed as required. If you are asked to sign under penalty of law, this is the point at which perjury rules apply.
7. Keep a copy and date-stamp any changes
After you sign, get a complete, legible copy of the signed and notarized affidavit. If you made any corrections, initials or cross-outs should be clear and dated with your initials. A copy will help if questions arise later about what you actually said.
8. Ask for clarification and time to review
If someone presents an affidavit for you to sign at a hospital, on the scene, or in a stressful environment, ask politely for time to review it. You can say, “I need to read this carefully before I sign.” Reasonable requests for time are normal. If pressured, decline to sign until you have read and understood the document.
9. If asked to sign a statement to the police
Statements to police may be recorded or reduced to writing. You may provide a factual account, but you are not required to give legal conclusions. If a police officer asks you to sign a statement, read it and confirm it matches your words before signing. If it does not, ask to have it corrected. If you feel unsure, tell the officer you prefer to give a statement later or in the presence of a lawyer.
10. Consider getting legal advice if you have doubts
If you fear legal exposure (for example, you believe you may have contributed to the collision or are unsure about statements that touch on fault or injuries), consult a New Hampshire attorney before signing any sworn document. An attorney can advise whether specific language could increase your legal risk and suggest edits to protect you.
Sample safe wording for factual statements
Below is example wording you can adapt for clarity. Do not use legal conclusions and avoid speculation:
“On [date] at approximately [time] I observed a blue pickup truck traveling southbound on [street name]. I saw the pickup enter the intersection at [cross-street] while the traffic signal for that direction was red. I observed the pickup and a black sedan collide in the center of the intersection. I did not see any other vehicles interfere with the vehicles described above. The above statements are true to the best of my knowledge.”
Key New Hampshire legal references
- Perjury and related offenses (New Hampshire RSA Chapter 641): https://www.gencourt.state.nh.us/rsa/html/LXIII/641/641-mrg.htm
- New Hampshire Rules of Evidence: https://www.courts.state.nh.us/rules/nh-rules-of-evidence.htm
- New Hampshire Rules of Civil Procedure (affidavit use in civil matters): https://www.courts.state.nh.us/rules/nh-rules-of-civil-procedure.htm
Helpful Hints
- Always read the whole document before signing—no matter how small the error may seem, correct it first.
- Limit statements to first-hand observations; use “I do not know” when you are unsure.
- Never sign a blank form or a document with blank lines left for later completion.
- Get a notarized copy immediately after signing; keep it with other important records from the accident (photos, medical notes, police report number).
- If asked to sign quickly at the scene or hospital, ask for time or say you will provide a written statement later.
- Do not admit fault—describe what you observed, not who you think caused the crash.
- If you are worried your statements could expose you to liability, consult a New Hampshire attorney before signing.
- If an attorney or insurance company prepares an affidavit for you, request to review and edit it so it reflects only your direct observations.
If you want a brief review of a specific affidavit you have been asked to sign, consider contacting a New Hampshire attorney for a short consultation. A lawyer can point out language that might create unnecessary legal risk and suggest safe alternatives.