Protecting Yourself When Signing a Witness Affidavit in a North Dakota Car Accident Case

Short answer: Before you sign any affidavit, make sure the statement is accurate, limited to what you personally observed, clearly dated and signed under oath, and that you understand the legal consequences of signing. Take steps to get a copy, correct any mistakes promptly, and ask questions if you are unsure. This is general information and not legal advice—see the disclaimer at the end.

Detailed answer — what you need to know and do

Affidavits are sworn written statements used in court or to support litigation. In North Dakota, signing an affidavit puts you under oath to tell the truth. If an affidavit contains false statements that you knowingly make, you could face criminal charges such as perjury. To protect yourself, follow these steps each time you are asked to sign a witness affidavit in a car-accident matter:

• Confirm it is an affidavit and read the oath language. An affidavit is sworn (not just a voluntary statement). Read the paragraph where you swear or affirm that the contents are true under penalty of law. If you do not see this language, ask whether the document is an affidavit, a declaration, or some other form.
• Limit statements to what you personally observed. Give only first-hand facts: what you saw, heard, smelled, or observed with your own senses (for example, vehicle positions, lights, traffic signals, weather, time, speeds you observed, actions you saw a driver take). Avoid hearsay (what someone else told you) and avoid speculation about cause or fault (don’t say “the driver was texting” unless you actually saw them holding a phone and using it).
• Be specific and include time, place, and concrete details. Concrete details reduce ambiguity: exact location (intersection), direction of travel, approximate time, vehicle descriptions (color, make if known), and the sequence of events. If you took photos or videos, say so and attach copies if requested.
• Correct blanks and ambiguous language before signing. If the affidavit contains a sentence that misstates your observation, request that the drafter revise it in your presence. Never sign a document with blank lines or substituted language you did not read and approve.
• Ask whether it will be notarized and get a copy. Affidavits are commonly notarized to verify identity and the oath; the notary confirms you signed under oath. Ask for a stamped, signed copy for your records immediately after signing.
• Do not sign under pressure or when impaired. If someone pressures you to sign quickly, offers money, threatens you, or tries to influence your wording, decline and seek time or legal advice. Also avoid signing if you are tired, emotional, injured, or under the influence of drugs or alcohol.
• Ask who will use the affidavit and how it will be filed. Know whether the affidavit will go to insurance companies, be filed in court, or be used in a deposition. This affects how carefully you should review language and whether you should consult an attorney first.
• Correct mistakes quickly and transparently. If you later realize you made an honest mistake, contact the party who has the affidavit, tell them of the error, and provide a corrected affidavit or a signed statement explaining the correction. If the affidavit has already been filed with the court, the clerk or court rules will guide how to submit an amendment or supplemental affidavit under North Dakota civil procedure rules.
• Understand potential criminal consequences (perjury) and civil consequences. Know that intentionally making false statements under oath can lead to criminal charges. For related procedural rules and statutes, consult North Dakota resources such as the North Dakota Century Code and the state court rules (links below).
• Consider consulting an attorney when in doubt. If the affidavit involves complex legal issues (fault disputes, insurance strategy, or potential criminal exposure), a short call with an attorney can help you understand risks and how to phrase your statement safely.

How to phrase things safely in an affidavit

• Use “I observed” or “I saw” rather than “I know” or “I’m sure.”
• When unsure of a fact, say so: e.g., “I do not know the exact speed, but the car appeared to be traveling faster than the posted limit.”
• Distinguish fact from opinion: if you are offering an opinion, label it as such (“In my opinion, the light was red when the other car entered the intersection”). Be cautious offering opinions about causes unless you have clear, firsthand evidence or expertise.
• If reporting a computation (distance, speed), explain how you estimated it (landmarks, travel time, etc.).

If you suspect someone is asking you to lie or omit facts

Refuse to sign. You may be able to explain why you will not sign (you cannot swear to false statements). If you feel threatened or coerced, consider contacting local law enforcement. Document the interaction and keep copies of any drafts shown to you.

Relevant North Dakota legal resources

• North Dakota Century Code (statutes): https://www.legis.nd.gov/cencode — use this site to search criminal statutes (including those addressing false statements and perjury) and civil procedure statutes.
• North Dakota Rules of Civil Procedure: https://www.ndcourts.gov/legal-resources/rules/rules-civil-procedure — governs filing and amendment of pleadings and affidavits in state civil cases.
• North Dakota Rules of Evidence: https://www.ndcourts.gov/legal-resources/rules/rules-evidence — shows how affidavits and witness statements may be used in court and what hearsay exceptions may apply.
• North Dakota Secretary of State – Notary information: https://sos.nd.gov/administration/notary — for questions about notarization requirements.

Helpful hints

• Bring a pen and notepad to a statement so you can note your observations while they are fresh.
• Take timestamped photos or video at the scene and keep the files; note the file names and times when you attach them to an affidavit.
• Ask for reasonable time to review any affidavit before signing—there is no need to sign immediately in most situations.
• Keep a personal copy (scanned or paper) of anything you sign and the contact information of the person who prepared it.
• If asked for a sworn statement by police or insurance, know that making a voluntary written affidavit for an insurance company is different from giving testimony in court—but both can have legal consequences if false.
• If worried about legal exposure, tell the requesting party you will provide a written statement limited to facts you observed and ask whether you should consult counsel first.

Final reminder and disclaimer: This article explains general steps to protect yourself when signing an affidavit under North Dakota law. It is educational only and not legal advice. If you need advice about your particular situation or face a potential criminal or civil exposure, consult a licensed North Dakota attorney promptly.