Yes — you can and sometimes should refuse to sign a sworn affidavit if you are unsure about what you saw. Signing an affidavit means you are swearing under oath that the statements are true. If you are uncertain about facts, guessing or signing inaccurate statements can expose you to serious legal risk. Instead, you can provide a truthful, limited statement, qualify uncertain details, or decline until you get legal advice.

Detailed answer — what signing an affidavit means and why uncertainty matters

An affidavit is a written statement made under oath or affirmation. In Nevada, oaths and sworn statements are governed by the Nevada Revised Statutes (see Chapter 53 for oaths and related rules). Making a false statement under oath can lead to criminal charges. See Nevada’s criminal statutes for the chapter that addresses false statements and perjury at https://www.leg.state.nv.us/NRS/NRS-199.html and Nevada’s rules on oaths at https://www.leg.state.nv.us/NRS/NRS-53.html.

Key legal principles to keep in mind:

• Swearing a statement means you attest it is true to the best of your knowledge. If you knowingly sign a false affidavit, the state may pursue criminal penalties (perjury or similar offenses).
• If you are simply mistaken but sign believing it is true, consequences may still follow depending on whether the error is intentional or negligent.
• Court-ordered affidavits or subpoenas carry stronger consequences for refusal; a person compelled by a court to provide sworn testimony who refuses may face contempt or other court sanctions.

Because of these risks, do not guess. If you cannot honestly swear to the details, do one of the following instead:

1. Provide a written statement that clearly marks uncertain information as “I do not recall” or “approximately” and avoid firm assertions you cannot verify.
2. Ask for wording changes so you only swear to facts you personally observed. For example, sign only to descriptive facts you know (time you saw the vehicle, visible damage you observed), and avoid attributing cause or speed if you did not measure or observe them directly.
3. Refuse politely and request copies of the affidavit or report and time to consult an attorney before signing.
4. If a law enforcement officer or insurance representative pressures you, you may give a voluntary written or recorded statement (not under oath) that you can later supplement with corrected information. But note: some agencies treat recorded statements as under penalty of perjury—ask whether it is sworn.

Practical situations and recommended responses

Here are common scenarios and what to do:

• Police officer asks you to sign an affidavit at the scene: Ask if the signature is on an oath or simply acknowledgement of a report. If it is sworn, tell them you need to be precise and will not sign anything you do not know to be true. Offer a clearly worded statement instead.
• Insurance company requests a sworn statement: Insurance companies sometimes request recorded or signed statements. You can decline a sworn affidavit and provide a written or recorded account limited to facts you observed. If you suspect liability, consult an attorney before making detailed statements.
• Court asks for a sworn affidavit later: If a court issues a subpoena or an order to submit an affidavit, do not ignore it. Seek legal counsel promptly. You may be required to appear and can explain uncertainties in your testimony; refusing without a court-accepted reason risks contempt.

How to draft a safe sworn statement when you are uncertain

If you choose to sign an affidavit but have uncertain details, follow these drafting tips:

• Use qualifiers such as “to the best of my knowledge,” “I observed,” or “I do not recall the exact time.”
• Distinguish between what you personally observed and what others told you (e.g., “I saw X” vs. “I was told X”).
• Avoid speculation about speed, intent, or medical condition unless you have direct evidence.
• Write the facts in chronological order and stick to sensory observations (what you saw, heard, smelled).
• Keep a copy of anything you sign and request that the final version reflect any changes you asked for before you signed.

When refusal might have legal consequences

Refusing to sign a voluntary affidavit generally has no criminal effect. However, there are important exceptions:

• If you are under subpoena or a court order to provide a sworn statement, refusal can lead to court sanctions, including contempt.
• If the matter involves an ongoing criminal investigation and an investigator lawfully compels a sworn statement, refusal could trigger legal consequences depending on the situation and your Fifth Amendment rights in some contexts.
• Refusing to provide information to your insurer could affect claims handling (e.g., denial for failure to cooperate).

When to get a lawyer

Talk to an attorney if any of the following apply:

• You face a subpoena or court order to provide a sworn affidavit.
• You believe your statement could create or affect criminal liability.
• You are unsure how your statement will affect an insurance claim or civil lawsuit.
• You are being pressured to sign quickly or to accept language you do not understand.

Helpful Hints

• Pause — do not feel forced to sign on the spot.
• Ask whether the document is sworn under oath or just a written report.
• Use clear qualifiers: “I do not recall,” “approximately,” “to the best of my knowledge.”
• State only what you personally observed; do not repeat rumors.
• Request time to review the affidavit and obtain legal advice if you have doubts.
• Keep copies of all signed documents and dated notes of what you observed soon after the incident.
• Never sign blank lines or incomplete forms.
• If compelled by court, consult an attorney before refusing; ask the court about your rights and obligations.