Detailed Answer — When you can (and should) refuse to sign a sworn statement in South Dakota
An affidavit is a written statement you sign under oath or affirmation saying the contents are true. In South Dakota, signing an affidavit or any sworn statement while knowing it is false can expose you to criminal liability for perjury or false swearing. See South Dakota Codified Laws, Chapter on Perjury and False Swearing: SDCL Chapter 22‑11.
If you are unsure about details you observed in a crash, you are generally within your rights to refuse to sign an affidavit until you are comfortable that the statement is accurate. You should also avoid signing anything that you have not read and understood. The main reasons to refuse or pause before signing are:
- You do not have a clear recollection of the facts being stated.
- The affidavit contains statements you believe to be incorrect or are not certain about.
- The affidavit uses absolute language (for example, “I saw X happen”) when your memory is uncertain.
Refusing to sign is different from refusing to cooperate entirely. You can—and should—cooperate by giving a truthful account in your own words, asking for time to review written statements, or offering to provide a signed statement that accurately reflects only what you actually remember.
Practical points under South Dakota law and common practice:
- Do not sign a statement that contains facts you know are untrue. Deliberately making a false statement under oath can lead to prosecution under SDCL chapter on perjury and related statutes (SDCL Chapter 22‑11).
- If a law enforcement officer or insurance representative wants you to sign, you may ask them to read the document aloud, or ask for a copy to read before signing.
- You can request that qualifying language be added—phrases like “to the best of my recollection” or “I do not recall”—so the affidavit accurately reflects your level of certainty. However, be aware that adding qualifiers does not remove your responsibility to be truthful to the best of your knowledge.
- If you are uncertain, say so in the statement. For example: “I remember the car was moving toward the intersection, but I cannot recall the exact speed or the color of the other vehicle.” That is better than signing an assertion you do not believe.
- If the request for a signed affidavit comes from a court or you have been subpoenaed, there may be stronger legal expectations. Refusal in that context can carry consequences; in many cases you should consult an attorney before refusing a court-ordered statement.
If you are worried about repercussions (for example, being pressured by the other party’s insurer or a private individual), you can:
- Politely decline to sign on the spot and ask to provide a written statement later after you review it.
- Request that the statement be recorded (audio or video) rather than signing a prepared affidavit.
- Ask to consult an attorney before signing. You are allowed to seek legal advice; doing so is prudent when you have legal exposure.
How to sign safely if you decide to sign
If you choose to sign, follow these steps to reduce risk:
- Read every paragraph before you sign. Do not rely on summaries.
- Correct any inaccurate sentences or add clarifying notes. Initial any corrections.
- Add qualifying phrases where appropriate (e.g., “to the best of my recollection”).
- Keep a copy of the final version you sign.
- Consider signing an unsworn written statement first—if accepted—then decide whether to make it a sworn affidavit later after consulting counsel.
When you should get a lawyer involved
Contact an attorney before signing if:
- The statement could expose you to criminal liability (e.g., the affidavit includes criminal allegations or allegations that others say are false).
- You were involved in the crash and may face civil claims or criminal charges.
- You feel pressured, coerced, or threatened to sign, or are dealing with a subpoena or court order.
A lawyer can review the wording, suggest safe qualifiers, and explain the legal consequences of signing or refusing to sign.
Important statutory note: South Dakota law criminalizes knowingly making false sworn statements. For the text and penalties, see SDCL Chapter 22‑11 (Perjury and False Swearing): https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=22-11. If you are concerned that you may have already signed an inaccurate affidavit, speak to an attorney promptly about possible defenses, corrections, or safe steps to take.
Helpful Hints
- Do not sign unless you have read and understood the entire affidavit.
- Use clear qualifiers when your memory is uncertain: “to the best of my recollection,” “I do not recall,” or “I observed part of the event.”
- Ask for time to consider the document and a copy to keep.
- Ask that any changes be initialed and that you receive a copy of the exact version you sign.
- If law enforcement asks for a written statement, you can provide a non‑sworn written account first and indicate you are available later for a sworn statement after review or counsel.
- If subpoenaed or when in court, consult a lawyer before refusing to comply with court orders.
- Keep notes about what you remember soon after the crash (dates, times, weather, positions, actions). Those notes can help you prepare an accurate statement and reduce uncertainty.
Disclaimer: This article is for general informational purposes and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific circumstances, contact a licensed South Dakota attorney.