Short answer

Yes. Under New Jersey law you generally may refuse to sign a sworn affidavit if you are unsure about the facts. An affidavit is a written statement signed under oath. Signing it makes you legally responsible for the truth of what you write. If you are uncertain about details, you should avoid swearing to them. Instead, explain your uncertainty in the statement, ask for time to review, or decline to sign until you can confirm the facts or consult an attorney.

Detailed answer — how this works under New Jersey law

An affidavit is a sworn, written statement. When you sign one, you put your signature beneath language that says you swear or affirm the truth of the contents. That signature can expose you to criminal liability if you intentionally make false statements while under oath. New Jersey criminal law addresses false statements and perjury; knowingly making a false sworn statement can lead to prosecution. See N.J.S.A. 2C:28-1 for the criminal rules on false swearing and perjury (New Jersey Legislature search: https://www.njleg.state.nj.us/search?search=2C%3A28-1).

Key legal points:

• You are not usually required to sign an affidavit on the spot. Police officers, insurance investigators, or others may ask you to sign a written statement, but signing a sworn affidavit is voluntary unless a court orders it. You can provide a factual account without swearing, or you can give a statement that clearly marks where you are uncertain (for example, “I am not sure of the exact time” or “I do not recall the color of the other vehicle”).
• Do not guess. Use qualifiers. If you decide to sign a written statement, include language such as “to the best of my recollection” or explicitly state what you do not remember. That reduces the risk of being charged with making intentionally false statements.
• If a court compels a sworn affidavit or testimony, different rules apply. A court can subpoena you to give testimony or to provide a sworn affidavit. If you receive a valid court order or subpoena, failing to comply can lead to enforcement actions or contempt. If subpoenaed, you should consult an attorney promptly to understand your rights and obligations.
• Criminal risk for false statements: Knowingly providing false information in a sworn statement may violate New Jersey law on false swearing or perjury. For more detail, see the New Jersey statutes on false swearing/perjury: https://www.njleg.state.nj.us/search?search=2C%3A28-1.
• Administrative and insurance consequences: Refusing to sign an affidavit for an insurance claim may affect claim handling. Insurance companies often request signed or recorded statements; they cannot force a sworn affidavit without legal process. However, refusing may slow the claim or prompt additional investigation. Consider giving a non-sworn written account or a recorded interview instead.

Practical steps to take at the scene or afterward

1. Pause before signing. Read any written statement fully. Don’t feel rushed into signing.
2. If unsure about details, say so. Insert precise qualifiers such as “I believe,” “I do not remember,” or “to the best of my knowledge.”
3. Ask for time to review or to speak with an attorney. You can request to take the statement home and return later if appropriate.
4. Ask that a phrase be added noting uncertainty. For example: “Signer states that the following facts are based on memory and that the signer is not certain of exact times and distances.”
5. Request a copy of any document before signing and keep the original copy after you sign.
6. If a police report or official accident form is involved, remember you can provide your version without signing an affidavit. You may be asked to sign to acknowledge you reviewed the report; clarify what signing means before you do so.
7. If you are subpoenaed to provide a sworn affidavit or testimony, consult an attorney immediately to understand the legal requirement and any protections (such as the right against self-incrimination in some contexts).

When you should get a lawyer

Contact an attorney if you:

• are unsure whether the document is a sworn affidavit or has legal consequences;
• are being pressured to sign a sworn statement you believe may be inaccurate;
• are told that refusing to sign will lead to criminal consequences without a court order; or
• receive a subpoena ordering you to provide sworn testimony or an affidavit.

Helpful Hints

• Never guess about facts you do not remember. Use qualifiers or say “I don’t recall.”
• Always read the entire statement before signing. Ask for changes if necessary.
• Ask whether the document is sworn (an affidavit) or just a written statement or report.
• Keep copies of everything you sign. If you sign, get a dated copy immediately.
• If someone says signing is mandatory, ask whether they have a court order or subpoena demanding a sworn statement.
• If you are unsure about legal consequences, call a local attorney for quick advice before signing.
• Remember the criminal statute on false swearing/perjury (N.J.S.A. 2C:28-1) — do not intentionally provide false sworn statements. See the statute search: https://www.njleg.state.nj.us/search?search=2C%3A28-1.