Can you refuse to sign a sworn or written statement after a crash in Minnesota?

Detailed Answer: When it’s okay to refuse and what the law says

If you witnessed a crash in Minnesota and someone asks you to sign an affidavit or written statement but you are unsure about the details you saw, you generally may refuse to sign. Signing an affidavit or any sworn statement attests that the contents are true under penalty of law. Minnesota’s perjury law makes knowingly giving false information under oath a crime: see Minnesota Statutes § 609.48 for the perjury statute (https://www.revisor.mn.gov/statutes/cite/609.48).

Key points under Minnesota law and ordinary practice:

• Affidavit vs. informal statement: An affidavit is a written, sworn statement usually signed in front of an official (such as a notary public or court officer). Police often take written statements that are not sworn as affidavits. You should confirm which type you are being asked to sign.
• No general duty to sign: A private citizen who is merely a witness is generally not legally required to sign an affidavit on the spot. If you are later subpoenaed to testify in court or to produce a sworn statement, you may be compelled to appear and testify under oath.
• Risk of criminal liability for false statements: If you sign a sworn affidavit containing statements you know to be false, you could face criminal charges under the perjury statute (Minn. Stat. § 609.48). This is why it is important not to guess or assert facts you do not remember or did not see directly. See the statute: https://www.revisor.mn.gov/statutes/cite/609.48.
• Consequences for refusing: Refusing to sign a voluntary statement or affidavit will rarely result in immediate criminal penalties. However, law enforcement or insurance adjusters may note your refusal, which can affect how your statement is used later. If a court orders you to produce evidence or testify and you willfully refuse, there can be contempt remedies or other court-enforced obligations.

Practical scenarios

Example 1 — You are a neutral witness and unsure about a detail: Police ask you to sign their written summary of what you told them. You may say you don’t recall the specific detail, ask the officer to change the wording to reflect uncertainty (for example, “to the best of my recollection”), or decline to sign until you have checked the wording.

Example 2 — You are a potential defendant or involved party: If you were involved in the crash and the officer asks you to sign a statement, proceed cautiously. You have constitutional rights if criminal exposure exists. You may politely decline to sign and request to speak with an attorney before making sworn statements.

How courts and insurers treat unsigned statements

An unsigned statement can still be used as a record of what was said, but its weight and credibility may be weaker than a signed, sworn affidavit. In civil claims (like personal injury), insurance companies and lawyers may treat a clear, consistent signed statement as more persuasive. In criminal matters, testimony under oath at trial carries the most weight. Refusing to sign does not prevent you from testifying later in court.

What to do if you’re asked to sign and you’re unsure

1. Pause and do not guess. Do not sign if you are unsure about facts.
2. Ask whether the document is a sworn affidavit (signed under oath) or an unsworn written statement. If it is sworn, it may carry perjury consequences if false.
3. Request edits or qualifying language. Ask that uncertain items be phrased as “to the best of my recollection” or “I do not recall.”
4. Ask to read the document fully before signing. Do not sign blank or incomplete forms.
5. Request a copy. If you sign, get a copy for your records immediately.
6. If you are a party to a criminal investigation or you believe your statements could incriminate you, politely decline to sign and ask for an attorney. You have the right to consult an attorney before making sworn statements.

When you can be compelled to provide testimony or a sworn statement

Although you can refuse to sign a voluntary affidavit at the scene, courts can compel testimony by subpoena in civil and criminal matters. Refusing a lawful court order to testify or comply with discovery can lead to court sanctions or contempt. If a court later requires you to give a sworn statement or testimony, seek legal guidance if you are concerned about incrimination or incorrect statements.

Helpful Hints

• Use precise language: say “I don’t recall” rather than guessing.
• Insist on exact wording: correct inaccuracies before signing.
• Ask whether the statement is sworn. If it is sworn, be extra careful—false statements under oath can violate Minnesota law: https://www.revisor.mn.gov/statutes/cite/609.48.
• Do not sign blank or incomplete documents; request a final copy.
• If you are involved in the crash or face possible criminal charges, ask to speak with a lawyer before signing anything.
• Keep notes (time, place, names) about who requested the signature and what you were told; these can help later if there is a dispute.
• Remember: refusing to sign a voluntary document is usually lawful; refusing a court order is not. Ask for legal help if a court order is involved.

Disclaimer: This article explains general principles under Minnesota law and is for informational purposes only. It is not legal advice. For advice about a specific incident, contact a Minnesota-licensed attorney.