Detailed answer — what signing an affidavit means and why accuracy matters

An affidavit is a written statement of facts that you swear under oath or affirmation to be true. By signing an affidavit you are representing that the statements in it are correct to the best of your knowledge. Making a sworn false statement can create criminal exposure under North Dakota law if done willfully and knowingly.

North Dakota law treats knowingly false sworn statements seriously. For an overview of the state’s statutes related to false swearing and perjury, see the North Dakota Century Code chapter on offenses involving false official statements: https://www.legis.nd.gov/cencode/t12-1c22

Because an affidavit is under oath, if you are unsure about details of what you saw in a crash, do not sign a document that says you know facts you do not. If you do sign an affidavit with false statements you knew were false—or with reckless disregard for their truth—you could face criminal charges.

When you can refuse and what happens next

1) Voluntary requests for an affidavit (most common): If police, insurance adjusters, or other parties ask you to sign an affidavit and you are unsure about the facts, you may decline or delay signing. No one can normally force you to sign a voluntary affidavit. Instead you can offer a written, unsworn statement, or provide a statement that uses careful qualifying language (see alternatives below).

2) Statements at the scene: You can give an oral statement or a written unsworn statement at the scene or to the responding officer. If you later are asked to sign a sworn affidavit, review it carefully and correct anything that is uncertain or incorrect.

3) Court or grand jury subpoenas: If a court subpoenas you to provide a sworn affidavit or to testify under oath, refusing to comply may expose you to contempt of court or other penalties. If you receive a subpoena, consult an attorney right away about your obligations, possible privileges, and whether you must appear or testify.

Practical alternatives to signing if you’re unsure

• Use qualifying language: If you sign anything, limit statements with phrases such as “to the best of my recollection,” “I believe,” or “based on what I observed.” This communicates uncertainty and reduces risk of a knowingly false assertion.
• Provide an unsworn written statement: Offer a note that describes what you remember, marked clearly as unsworn and unsigned under oath.
• Ask to revise: Request that the drafter revise any wording you do not agree with before you sign.
• Ask for time: Say you need time to check facts or to speak with an attorney before signing.
• Corrected or supplemental statements: If new information appears later, provide a corrected statement rather than signing an affidavit that contains inaccuracies.

If you’re worried about legal consequences

If you are worried that a past statement may be inaccurate, or you were asked to sign under pressure, consider these steps:

• Do not sign anything you believe to be false.
• Document your memory in a dated, unsworn note that explains what you recall and the level of certainty.
• Ask the requesting party whether a sworn statement is required, and if not, whether an unsworn written or oral statement will suffice.
• If you receive a subpoena or face pressure to sign, contact an attorney right away to discuss protections such as asserting a privilege or obtaining guidance on testifying.

Why accuracy matters—legal risks summarized

Signing a sworn affidavit that contains false statements you know (or recklessly disregard) to be false can expose you to potential criminal charges under North Dakota law for false swearing or perjury. For the statute grouping regarding false official statements and perjury, see: https://www.legis.nd.gov/cencode/t12-1c22

Separately, if a court legally requires your testimony or a sworn statement (for example by subpoena), refusal to comply can lead to court enforcement actions, fines, or contempt proceedings. If you face a subpoena, get legal advice promptly.

When to talk to an attorney

Consider consulting a lawyer if:

• You were pressured to sign a sworn statement you believe is incorrect.
• You think a previous sworn statement you signed contained inaccuracies.
• You received a subpoena to provide a sworn affidavit or in-person testimony.
• You believe you may be accused of lying under oath.

Helpful Hints

• Pause before signing anything under oath. If you are unsure, say so.
• Use careful language: “to the best of my memory” reduces the risk of being treated as making an absolute factual claim.
• Get a copy of any statement you sign and read it word-for-word before putting your signature on it.
• If an officer drafts an affidavit, ask that your qualifying words be included exactly as you stated them.
• Take a photo or make notes of scene details (weather, positions, time) as soon as possible; memory fades quickly.
• If you receive a subpoena, do not ignore it. Contact an attorney to discuss compliance and possible defenses.
• When in doubt, ask for time to think and consult someone you trust or an attorney.