What, if any, is the difference between an affidavit and a declaration. Is there a civil code that covers this?

Asked over 2 years ago - Los Angeles, CA

This is for California.

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    8

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    Answered . There is really no difference.

    In California state court, declarations under penalty of perjury signed in California may be used in place of affidavits. Code of Civil Procedure section 2015.5 provides as follows:

    "Whenever, under any law of this state or under any rule,
    regulation, order or requirement made pursuant to the law of this
    state, any matter is required or permitted to be supported,
    evidenced, established, or proved by the sworn statement,
    declaration, verification, certificate, oath, or affidavit, in
    writing of the person making the same (other than a deposition, or an
    oath of office, or an oath required to be taken before a specified
    official other than a notary public), such matter may with like force
    and effect be supported, evidenced, established or proved by the
    unsworn statement, declaration, verification, or certificate, in
    writing of such person which recites that it is certified or declared
    by him or her to be true under penalty of perjury, is subscribed by
    him or her, and (1), if executed within this state, states the date
    and place of execution, or (2), if executed at any place, within or
    without this state, states the date of execution and that it is so
    certified or declared under the laws of the State of California. The
    certification or declaration may be in substantially the following
    form:
    (a) If executed within this state:

    "I certify (or declare) under penalty of perjury that the
    foregoing is true and correct":
    _____________ _________
    (Date and Place) (Signature)

    (b) If executed at any place, within or without this state:

    "I certify (or declare) under penalty of perjury under the laws of
    the State of California that the foregoing is true and correct":
    _____________ _________
    (Date) (Signature)"


    Similarly, in federal court, under 28 U.S.C. 1746, a declaration has the same force and effect of a notarized affidavit.

    Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in... more
  2. Isileli Tupou Manaia Mataele

    Contributor Level 19

    5

    Lawyers agree

    Answered . Not much difference. Declarations you declare facts based upon your knowledge and under penalty of perjury. Affidavits you swear to the truth under oath and sometimes in front of witnesses. basically the same but declarations are easier to use and more common.

    This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to... more
  3. Pamela Koslyn

    Contributor Level 20

    3

    Lawyers agree

    Answered . Follow the code section that requires either a declaration or an affidavit, and use the one that's specified.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more

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