Brief overview: what an affidavit is and why it matters

An affidavit is a written, sworn statement of facts. When you sign an affidavit you swear (usually in front of a notary public) that the statements are true to the best of your knowledge. Affidavits are used in investigations and court cases to preserve a witness’s account without requiring live testimony immediately.

Key legal risks to know about in Indiana

Deliberately making false statements in a sworn affidavit can lead to criminal charges such as perjury or falsification. Indiana criminal statutes make it an offense to knowingly give false statements under oath. To understand the criminal rules that apply to sworn statements, see the Indiana Code on perjury and related offenses: Indiana Code, Title 35, Article 44 (Perjury and Falsification).

Step-by-step: what to do before you sign an affidavit

1. Ask for time to read and review the affidavit. Do not feel pressured to sign immediately. Ask for a copy and read it carefully. Demand time to think or consult someone.
2. Confirm the facts are strictly what you personally observed. Only include details you actually saw or heard—times, locations, actions, and direct sensory observations. Avoid repeating rumors, hearsay, or assumptions about fault, speed, intoxication, or medical condition unless you directly observed them.
3. Correct or cross out inaccurate language before signing. If a sentence misstates what you saw, request that it be changed. If you must sign a draft that contains an error, add a clear handwritten correction or attach a short signed addendum that states the correction.
4. Use precise, first-person wording based on personal knowledge. Phrases like “I saw…,” “I was present at…,” and “At approximately 2:15 p.m., the red car ran the red light” are better than “I think” or “I believe.” If you are uncertain about a detail, state that uncertainty plainly (for example, “I did not check the driver’s license or measure speed; I estimated speed visually”).
5. Ask who will use the affidavit and how it will be submitted. Find out whether the affidavit is for the police, an insurance company, or court filing. This matters because court affidavits can be admitted into evidence and carry more formal consequences.
6. Verify the notarization process. A notary will typically administer the oath and confirm your identity. If you have any concerns about identity verification or the oath wording, ask the notary to read the oath aloud before you swear.
7. Keep copies of everything you sign. Request a signed copy of the final affidavit and any attachments for your records. If the affidavit is later changed or used in court, having your copy helps you remember exactly what you swore to.

What to say (and not say) in the affidavit — simple guidance

Safe practices for the text:

• Say exactly what you saw or heard. Example: “At about 4:05 p.m. I saw a blue sedan traveling westbound strike the rear of a stopped pickup truck at the intersection of X and Y.”
• If you estimate time, distance, or speed, label it as an estimate: “I estimate the speed at about 30–35 mph.”
• If you do not know something, say you do not know rather than guessing: “I did not see whether the driver was texting.”
• Avoid legal conclusions: do not write “the driver was negligent” or “the driver was at fault.” Say what you observed that others will use to draw conclusions.

What to do if you discover an error after signing

• Contact the party who asked for the affidavit (or their attorney) immediately and explain the mistake. Request that they file an amended or corrected affidavit.
• If the affidavit was filed in court, you can usually submit a corrected affidavit or file a sworn statement explaining the error. Ask the court clerk how to proceed or consult an attorney.
• If someone accuses you of lying, keep your signed copy and any notes about when and how the error occurred. Quick, good-faith corrections reduce the risk of claims of intentional falsehood.

When you should get legal help

Consult an attorney if:

• You believe that signing an affidavit could expose you to criminal risk or you’re being pressured to sign false statements.
• A party is threatening you with civil or criminal consequences if you don’t sign or if you signed and they now allege inaccuracies.
• The case involves complex facts, serious injury, or you are asked to sign a statement that goes beyond simply recounting what you saw.

To learn how to find an Indiana attorney, check resources at the Indiana Courts website and local bar associations. The Indiana Judicial website lists court rules and other guidance: Indiana Rules of Trial Procedure.

Practical hypothetical example

Hypothetical facts: You were a bystander at an intersection where a red SUV hit a parked car. You are asked by an insurance investigator to sign an affidavit.

Safe approach:

1. Read the draft. It states you saw the driver texting—you did not. Ask that the sentence be removed.
2. Confirm it records observable facts: time, who was present, where each vehicle was, whether lights were on, weather, and any statements you heard from the drivers.
3. If unsure about the time, write “about 5:10 p.m.” or “shortly after 5 p.m.”
4. Sign only after corrections and after a notary administers the oath. Keep a copy.

Where to find official Indiana information

• Indiana Code — perjury and related offenses: https://iga.in.gov/legislative/laws/2024/ic/titles/035#35-44
• Indiana Rules of Trial Procedure (affidavits used in civil motions): https://www.in.gov/judiciary/rules/trial-procedure/
• Indiana Secretary of State — notaries: https://www.in.gov/sos/business-services/notaries/

Helpful Hints

• Never sign a sworn affidavit unless each statement is true to your personal knowledge.
• Ask for a copy of the final, signed document before you leave. Keep it in your records.
• If you are unsure how to phrase something, write a short plain-language note explaining what you did or did not observe.
• If pressured by investigators, insurance adjusters, or others, politely refuse until you consult an attorney.
• Remember: honesty and clarity protect you. Minor, good-faith mistakes corrected promptly usually prevent escalation.