Understanding Your Rights About Signing Sworn Statements in Wisconsin

Short answer: In Wisconsin you generally may refuse to sign an affidavit or a sworn statement if you are unsure about the facts. However, if you sign a statement you can be criminally responsible for knowingly making false statements under oath. You should correct or qualify uncertain details, consider consulting an attorney before signing, and understand that different rules apply if a court formally compels testimony.

Detailed answer

This section explains what it means to sign an affidavit or sworn statement, the legal risks of signing something you are unsure about, and your options under Wisconsin law.

What is an affidavit or sworn statement?

An affidavit is a written statement you make and sign under oath or affirmation that the information is true. Signing typically indicates you understand the statement is given under penalty of law. Police officers, attorneys, or private parties sometimes ask witnesses to sign a written account; courts also accept affidavits as evidence when appropriate.

Can you refuse to sign?

Yes. If someone asks you to sign a written statement or affidavit and you are unsure about details, you may decline to sign. Signing is voluntary for most witness statements taken outside of court. If you refuse, the person requesting the signature may note your refusal and proceed in other ways (take an unsigned statement, ask follow-up questions, seek other evidence).

Why you might refuse

• Signing a statement certifies that, to the best of your knowledge, the written contents are true. If you are unsure about times, positions, speeds, or other details, signing could create a risk if those details later turn out to be incorrect.
• Wisconsin criminal law punishes knowingly making false statements under oath. Making false statements while under oath or attestation can expose you to criminal charges. See Wisconsin’s laws on perjury and false swearing: Wis. Stat. § 946.31 and Wis. Stat. § 946.32.

How to handle uncertainty without refusing entirely

• Tell the questioner exactly what you do and do not remember. Use phrases such as “I don’t recall,” “I’m not sure about the exact time,” or “to the best of my recollection” to make your uncertainty clear.
• Ask that any written statement reflect your uncertainty. For example, request language like “Witness states, to the best of their recollection…” or add handwritten notes or strike-throughs and initial corrections before signing.
• Refuse to sign blank forms or any statement that you have not read completely.
• If asked to sign a document that contains inaccuracies after you point them out and the document is not corrected, you may decline to sign and instead request that your statement be recorded or that you provide a signed correction later.

When refusing could have consequences

• If a court issues a subpoena ordering you to appear and give sworn testimony, you must comply or risk contempt of court. A subpoenaed witness cannot simply refuse to testify or sign when under court order.
• If you are a party in a civil case, different discovery rules may apply, and the court may require sworn answers to certain questions.
• If you are a criminal defendant, you have constitutional rights (including the right to counsel and the right to remain silent). Exercise those rights and consult an attorney before making or signing statements.

Practical steps at the scene or when approached by police

• Be honest. Don’t invent details to fill gaps in your memory.
• State that you are uncertain about specific facts rather than guessing.
• Ask if the officer or investigator can record your spoken statement instead of asking you to sign immediately.
• If you feel the matter may develop into litigation or criminal charges, consider telling the investigator you will provide a written or signed statement after you consult with an attorney.

What happens if you sign by mistake or sign something inaccurate?

If you sign and later discover an error, notify the person or agency who holds the statement as soon as possible and request an amendment. Keeping a personal written record of what you recall, with dates and times when you made the record, can help clarify discrepancies later.

When to talk to an attorney

Consider contacting a lawyer if:

• You are a party to the crash (driver, passenger) and you might face traffic citations, civil claims, or criminal charges.
• You are being pressured to sign a sworn statement that you believe contains false or materially inaccurate information.
• You received a subpoena or a formal request to provide an affidavit in pending litigation.

An attorney can explain how Wisconsin law applies to your specific situation and guide you on whether and how to provide a signed statement.

Disclaimer

This article explains general legal principles under Wisconsin law but is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Wisconsin attorney.

Helpful Hints

• Do not sign blank or incomplete documents.
• Use qualifying language in statements: “to the best of my recollection,” “I am unsure of the exact time,” etc.
• Point out errors and insist on corrections before signing.
• Ask that your uncertainty be noted in writing if you decline to sign.
• If subpoenaed, do not ignore the subpoena—seek legal help promptly.
• Keep your own contemporaneous notes describing what you saw, with times and locations.
• If you are unsure whether you should speak at all, say you want to consult an attorney.