Disclaimer: This article is general information only and not legal advice. If you need specific guidance for your situation, consult a licensed Oklahoma attorney.
Detailed Answer
You generally may refuse to sign an affidavit if you are unsure about details you are asked to swear to. An affidavit is a sworn, written statement made under oath. By signing, you declare that the facts in the document are true to the best of your knowledge. In Oklahoma, knowingly making a false sworn statement can expose you to criminal penalties under the criminal statutes that govern perjury and false statements (see Title 21 of the Oklahoma Statutes). For an overview of criminal statutes in Oklahoma, see the Legislature’s Title 21 landing page: https://www.oklegislature.gov/osstatuestitle.html?title=21.
If you are unsure about facts, you should not sign wording that asserts those facts as certain. You also are not ordinarily compelled by police or a private party to sign an affidavit on the spot. If a court issues a subpoena that requires your testimony, the court can compel your presence to testify; a court can also require sworn testimony in the courtroom. Rules about civil procedure, oaths, and subpoenas are found in Title 12 of the Oklahoma Statutes: https://www.oklegislature.gov/osstatuestitle.html?title=12. Refusing to sign a voluntary affidavit is not the same as refusing to obey a lawful court order.
Key points:
- You have a right to decline to sign a sworn statement if you are not sure the statements are accurate.
- Signing an affidavit when the contents are false or when you know parts are false can lead to criminal liability under Oklahoma law (perjury/false swearing).
- If you are subpoenaed to testify or to produce evidence in court, you must comply with the court order unless you have a lawful basis to challenge it.
Practical steps to take when asked to sign
If you are asked to sign an affidavit after witnessing a crash and you are unsure about details, do the following:
- Pause — do not feel forced to sign immediately.
- Read the entire affidavit carefully. Make sure the narrative matches what you actually saw.
- Cross out or correct any inaccurate wording and initial changes, or ask the drafter to revise the language before you sign.
- If you truly do not know an answer, say so. Use qualifiers in your statement such as “to the best of my knowledge,” “I do not recall,” or “I did not see that.”
- Ask for time to think it over and a copy of the final document before or after you sign.
- Consider providing a written unsworn statement (a voluntary statement) instead of signing a sworn affidavit if you prefer not to swear under oath at that moment.
- If you are concerned the matter could become criminal or civil litigation, consult an Oklahoma attorney before signing anything that might expose you to liability.
When a refusal could cause problems
Although you can decline to sign a voluntary affidavit, refusal to cooperate could slow an investigation or prompt investigators to seek other witnesses or evidence. If a prosecutor or a court later seeks your testimony through subpoena or deposition, you may be legally required to appear and give sworn testimony. A court can enforce subpoenas and, if you disobey a lawful court order, you may face contempt or other penalties. For more detail on civil procedures and subpoenas see Title 12 of the Oklahoma Statutes: https://www.oklegislature.gov/osstatuestitle.html?title=12.
Helpful Hints
- If unsure, say “I don’t know” rather than guessing — honest uncertainty is preferable to an inaccurate affidavit.
- Request that uncertain items be put into the affidavit as your best recollection or labeled as uncertain.
- Ask for a copy of any statement or affidavit before you leave. If you sign, get a copy right away.
- Limit your statement to what you personally observed; avoid repeating rumors or statements from others unless you clearly identify them as secondhand information.
- If law enforcement pressures you to sign or to change your story, politely decline and ask to speak with an attorney.
- If you later discover your signed affidavit contains errors, contact the agency or attorney handling the case to correct it as soon as possible.
- When in doubt about legal exposure, talk with a lawyer. An attorney can explain whether a particular statement could raise perjury or other legal concerns.
Where to read Oklahoma law yourself: Title 21 (Crimes and Punishments) for perjury and false statements: https://www.oklegislature.gov/osstatuestitle.html?title=21. Title 12 (Civil Procedure) for oaths, affidavits in civil matters, and subpoenas: https://www.oklegislature.gov/osstatuestitle.html?title=12.
If you want help finding a local Oklahoma attorney experienced with crash investigations or witness issues, consider contacting your county bar association or the Oklahoma Bar Association’s referral service.