Detailed Answer: What you need to know before signing an affidavit in Wyoming

An affidavit is a written statement of facts that you swear are true under oath. In a car-accident matter, attorneys or parties may ask witnesses to sign affidavits to preserve a witness’s memory or to support a motion or claim. Before you sign, you should understand the legal risks and how to protect yourself.

1. Know what an affidavit does and why it matters

An affidavit becomes part of the case record and can be used in court, in depositions, or in settlement negotiations. Because you swear that the statements are true, knowingly providing false information can expose you to criminal penalties (for example, perjury or false swearing) and civil consequences. Wyoming criminal statutes prohibit making false statements under oath; review the Wyoming statutes on crimes for more information: Wyoming Statutes (Wyoming Legislature).

2. Only state what you personally observed

Limit your affidavit to facts you directly saw, heard, or experienced. Do not include speculation, guesses, or legal conclusions (for example, don’t write “the driver was negligent”—instead describe exactly what you saw, such as “I saw the other car run the red light”). Avoid repeating what others told you unless you clearly identify it as hearsay (“A told me B said…”).

3. Read the entire document before signing

Ask to review the final affidavit as it will be signed and notarized. Occasionally a draft may be altered after you review it. Do not sign until you confirm each sentence accurately reflects your memory. If the affidavit is presented to you in person, ask for a copy and time to read it. If someone pressures you to sign immediately, politely refuse until you can read it carefully.

4. Correct mistakes or unclear language

If a sentence is unclear or inaccurate, ask for changes. You may suggest exact wording. If the attorney or party refuses to revise, consider attaching a signed addendum or writing your corrections on the affidavit and initialing them before notarization so there is a clear record of your intent.

5. Understand the form of the oath and notarization

An affidavit must be signed under oath or affirmed in front of an authorized official (notary public) to be legally effective. If you are required to swear the statement, the notary will administer the oath or affirmation. If you do not understand the oath or the consequences of swearing, ask the notary or seek legal counsel first. For information about notaries in Wyoming, see the Wyoming Secretary of State: Wyoming Secretary of State.

6. Know the criminal and civil consequences of false statements

Deliberately making false statements under oath may expose you to criminal liability (perjury or similar offenses) and can damage your credibility in court. If you are unsure whether something is true, say so in your affidavit (for example, “I do not recall” or “to the best of my recollection”). For how Wyoming treats false statements, consult the statutes on crimes: Wyoming Statutes.

7. Keep records and contemporaneous notes

Make notes immediately after the accident while your memory is fresh. Record dates, times, weather, positions of vehicles, license plates, and contact information for other witnesses. Attaching a brief, dated, factual memory log to your affidavit can help preserve accuracy and defend against claims that you misstated facts later.

8. Consider counsel if you have concerns

If you are unsure what to say, you worry about admitting fault, or someone pressures you to include statements you believe are false, consult a Wyoming attorney. A short consult can help you understand risks and the best safe wording. If an attorney for a party drafts the affidavit, it is still your statement—your attorney can explain and protect your interests.

9. If you discover an error after signing

If you later realize the affidavit contains an unintentional error or omission, notify the person who obtained it (and their attorney) in writing immediately and provide a corrected affidavit or a signed supplemental affidavit correcting the record. If the affidavit has already been filed with the court, the court may accept a corrected filing or allow you to testify in court to clarify the record.

10. Understand subpoenas and court testimony

An affidavit is different from sworn in-court testimony, but both bind you to tell the truth. If you are subpoenaed to give a deposition or testify at trial, you must appear or you risk being held in contempt. If you are concerned about testifying, seek legal advice about your rights and obligations.

Helpful Hints: Quick, practical steps to protect yourself

• Read the whole affidavit slowly; don’t sign a blank or incomplete form.
• Answer only what you personally observed; avoid opinions and speculation.
• Use precise, simple language: dates, times, locations, positions, and actions you saw.
• If you’re unsure about a fact, say “I do not remember” or “to the best of my recollection.”
• Keep original notes and photos; they help refresh your memory and support your affidavit.
• Initial any handwritten corrections you make on the affidavit before notarization.
• Ask for a final signed and notarized copy for your records.
• Do not discuss the affidavit with parties who pressure you or with other witnesses in a way that could be seen as coordinating testimony.
• If you feel threatened or pressured, contact law enforcement or an attorney immediately.
• When in doubt, consult a Wyoming-licensed lawyer—especially if criminal exposure, admission of fault, or complex liability issues exist.