Catch-All / Sworn Statement

General Affidavit: Sworn Statement of Fact (Free Template)

Direct Answer

A general affidavit is a catch-all sworn statement of fact used when no instrument- specific affidavit form applies, made under oath before a notary (state-court and private-party uses) or executed as an unsworn declaration under 28 USC 1746 (federal-court and federal-agency uses). The full general affidavit template below is attorney-drafted, tracks the Federal Rule of Civil Procedure 56(c)(4) elements of personal knowledge, admissibility, and competence, and ships both the notary jurat and the 28 USC 1746 federal- declaration alternative on the same instrument.

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Reviewed by Christopher Davis, Esq., Estate Planning AttorneyPennsylvania & New Jersey Bar
General affidavit template with caption block, affiant qualifications, personal-knowledge paragraph, relationship-to-the-matter paragraph, numbered factual statements (4.1 through 4.6), referenced documents exhibit list, purpose paragraph, FURTHER AFFIANT SAYETH NAUGHT recital, notary jurat, and 28 USC 1746 federal-declaration alternative
Attorney drafted
Reviewed by Christopher Davis, Esq., Estate Planning Attorney
Two execution modes
Notary jurat (state court) and 28 USC 1746 declaration (federal)
FRCP 56(c)(4) compliant
Tracks personal knowledge, admissibility, and competence elements
Perjury teeth
18 USC 1621 federally plus state perjury statutes for false statements
The Template

The General Affidavit Template

The affidavit below is built to track the Federal Rule of Civil Procedure 56(c)(4) elements of personal knowledge, admissibility, and competence so the same instrument works for state court, federal court, federal agencies, insurers, banks, transfer agents, and other institutional receivers. Six numbered paragraphs cover the affiant's qualifications, the personal-knowledge source, the affiant's relationship to the matter, the numbered factual statements in declarative form (one discrete fact per sub-paragraph), the documents referenced and attached as exhibits, and the purpose for which the affidavit is given. The execution block carries both the notary jurat (for state-court use) and the 28 USC 1746 unsworn-declaration alternative (for federal use).

general-affidavit.docx
STATE OF [STATE]                    )
                                    )  ss.
COUNTY OF [COUNTY]                  )


                            GENERAL AFFIDAVIT
                  (Sworn Statement of Fact, with Federal
                   Alternative Under 28 U.S.C. Section 1746)


In the matter of: [Identify the proceeding, claim, transaction,
or institutional process to which this Affidavit pertains;
e.g., "Cause No. ____, [Court]"; "Claim No. ____, [Insurer]";
"Sale of [Property]"; or "Standalone sworn statement, no
underlying proceeding"].


    BEFORE ME, the undersigned authority, on this day personally
appeared [Affiant Full Legal Name] (the "Affiant"), who, being
by me first duly sworn upon oath, deposed and stated as follows:


    1.  AFFIANT QUALIFICATIONS. Affiant's full legal name is
        [Affiant Full Legal Name]. Affiant resides at [Affiant
        Street Address, City, State, ZIP]. Affiant is over the
        age of eighteen (18) years and competent to testify to
        the facts stated herein.

    2.  PERSONAL KNOWLEDGE. The facts stated in this Affidavit
        are within Affiant's personal knowledge. Affiant
        acquired that knowledge by [direct observation /
        personal involvement in the transaction or event /
        receipt and review of business records that Affiant is
        custodian of / other: ______________]. Where any
        statement below is made on information and belief
        rather than personal knowledge, that statement is
        expressly so identified within the paragraph in which
        it appears.

    3.  RELATIONSHIP TO THE MATTER. Affiant's relationship to
        the matter identified in the caption above is: [Party
        to the proceeding / Officer or employee of [Entity] /
        Records custodian for [Entity] / Fact witness with no
        financial interest / Owner of the property / Holder of
        the right at issue / Other: ______________]. Affiant
        does / does not have a financial interest in the
        outcome of the matter described in the caption.

    4.  FACTUAL STATEMENTS. Affiant states the following facts:

        4.1  [State the first fact in declarative form. One
             discrete fact per numbered sub-paragraph. Avoid
             argumentative or conclusory language; affidavits
             that include legal argument or conclusions of
             law instead of facts are routinely stricken or
             given no weight.]

        4.2  [State the second fact.]

        4.3  [State the third fact.]

        4.4  [State the fourth fact.]

        4.5  [State the fifth fact.]

        4.6  [Add additional numbered sub-paragraphs as
             required. Each numbered sub-paragraph should
             state a single, narrow, fact-based proposition
             that, standing alone, would be admissible as
             testimony at trial under the applicable rules of
             evidence.]

    5.  DOCUMENTS REFERENCED. The following documents are
        referenced in this Affidavit and, where applicable,
        attached as exhibits and incorporated by reference:

            Exhibit A:  [Title and date of document]
            Exhibit B:  [Title and date of document]
            Exhibit C:  [Title and date of document]
            (Add additional exhibits as required.)

        Affiant attests that the attached exhibits are true
        and correct copies of the originals (or, where the
        original is not available, the best available copy)
        and have not been altered other than for redaction of
        information not relevant to the matter, which
        redactions are noted on the face of the document.

    6.  PURPOSE OF THIS AFFIDAVIT. Affiant executes this
        Affidavit for the purpose of [identify the receiving
        court, agency, insurer, institution, or counter-party
        and the use to be made of the Affidavit].


    FURTHER AFFIANT SAYETH NAUGHT.


    Executed on this ____ day of ________________, 20____.


                                ____________________________________
                                AFFIANT
                                [Affiant Full Legal Name]
                                [Affiant Street Address]
                                [City, State, ZIP]
                                [Telephone / Email]


PENALTY-OF-PERJURY DECLARATION (Federal Alternative).
For use when this statement is submitted in a federal court
proceeding or to a federal agency that accepts an unsworn
declaration in lieu of a sworn affidavit. Pursuant to 28 U.S.C.
Section 1746, Affiant declares under penalty of perjury under
the laws of the United States of America that the foregoing is
true and correct.

    Executed on _______________ at _______________________.


                                ____________________________________
                                DECLARANT
                                [Affiant Full Legal Name]

    (When the federal-alternative declaration is used, the
    notary jurat below may be omitted. When the Affidavit is
    being submitted to a state court or to a private party that
    requires a notarized affidavit, complete the jurat below.)


                          JURAT / NOTARY ACKNOWLEDGMENT


STATE OF ______________________ )
                                ) ss.
COUNTY OF _____________________ )

    Sworn to and subscribed before me by [Affiant Full Legal Name]
on this ____ day of ________________, 20____, who is personally
known to me OR produced ______________________________ as
identification, and who being duly sworn deposed that the
statements in the foregoing Affidavit are true and correct of
the Affiant's own personal knowledge (except as to any matters
stated on information and belief, and as to those, that Affiant
believes them to be true).


                                ____________________________________
                                NOTARY PUBLIC, State of __________

                                Printed Name: ______________________

                                My Commission Expires: _____________

                                Notary Seal:




EXHIBITS:
    Exhibit A:  [Title and date of document]
    Exhibit B:  [Title and date of document]
    Exhibit C:  [Title and date of document]
    (Add additional exhibits as required, mirroring the list
    in Paragraph 5.)
Execution Choice

Notary Jurat or 28 USC 1746 Declaration: Picking the Execution

Five steps from caption identification through agency or court submission. The two failure points to watch are factual-statement discipline (no argument, no conclusions, no hearsay) and execution-mode selection (notary jurat for state court and private parties; 28 USC 1746 declaration for federal court and federal agencies).

Five-step general affidavit workflow from proceeding identification through fact listing under personal knowledge, template fill with numbered sub-paragraphs and exhibits, notary jurat or 28 USC 1746 declaration execution, and submission with exhibits
  1. 1

    Identify the proceeding or institutional process

    The caption block at the top of the affidavit identifies the matter to which the affidavit pertains: a court proceeding with a cause number, an insurance claim, a transaction, an administrative determination, or a standalone sworn statement with no underlying proceeding. The caption shapes how the affidavit is received and indexed; an affidavit with no caption invites a request for clarification before the receiving institution acts on it.

  2. 2

    List the facts to be sworn (personal knowledge only)

    Before opening the template, write the facts the affiant will swear to. Each fact must be within the affiant's personal knowledge (direct observation, party involvement, records custody) or expressly identified as on information and belief. FRCP 56(c)(4) and most state evidence rules strike conclusory, argumentative, or hearsay statements; the discipline is to convert the case into discrete fact statements that, standing alone, would be admissible at trial.

  3. 3

    Fill in the template

    Replace each bracketed placeholder with the case-specific facts: the affiant's full legal name and address, the affiant's relationship to the matter, the source of personal knowledge, the numbered factual statements (4.1, 4.2, and so on in declarative form), the documents referenced and attached as exhibits, and the purpose for which the affidavit is being given. Use as many numbered sub-paragraphs in Paragraph 4 as the case requires; renumber rather than crowding multiple facts into one sub-paragraph.

  4. 4

    Sign before a notary, or execute the 28 USC 1746 declaration

    For state-court filings, private-party uses, and most institutional submissions, sign before a notary who administers the oath, witnesses the signature, and completes the jurat block. For federal-court filings and federal-agency submissions, the 28 USC 1746 unsworn-declaration block is the accepted alternative and carries the same penalty-of-perjury exposure without requiring a notary appearance. Use one or the other; do not execute both on the same instrument.

  5. 5

    Submit with the referenced exhibits

    Deliver the executed affidavit, the referenced exhibits, and (if filed with a court) a proof of service to the opposing parties. Most courts accept the affidavit electronically through the case-filing system; some agencies require the original sworn paper. Keep a copy of the executed package for the affiant's records; the affidavit becomes part of the court file or institutional record and remains discoverable in any future related proceeding.

Evidentiary Floor

Personal Knowledge, Admissibility, Competence: The Rule 56(c)(4) Floor

A general affidavit is the catch-all vehicle for a sworn statement of fact when no instrument-specific affidavit form applies. The affiant's sworn statement of fact becomes substantive evidence in the receiving forum: a court, an agency, an insurer, a bank, a transfer agent, or any institutional party that needs the affiant's testimony in writing. The affidavit is not a contract, it is not a release, and it is not a court order; it is testimony reduced to paper, signed under oath or under penalty of perjury.

The instrument's utility comes from its evidentiary weight in the receiving forum. Federal Rule of Civil Procedure 56(c)(4) requires affidavits supporting motions to be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. State evidence rules track that framework. An affidavit that satisfies Rule 56(c)(4) can support summary judgment, defeat summary judgment, supply factual foundation for a preliminary injunction, anchor an attorney-fee application, or substitute for live testimony where the rules permit affidavit evidence (uncontested motions, fee applications, default judgments).

The execution choice between the notary jurat and the 28 USC 1746 unsworn declaration depends on the receiving forum. State courts almost always require notarization; the state notary statute is the controlling rule. Federal courts accept the 28 USC 1746 declaration in nearly all contexts, with narrow exceptions for foreign-officer depositions and specific statutory affidavits. Institutional receivers vary: insurers, banks, and transfer agents usually require notarization for fraud- control reasons; federal agencies typically accept the declaration; private parties accept either. When in doubt, the notary jurat is the higher-acceptance form because it is also valid in federal court.

False statements made in a general affidavit carry the same exposure as false statements in any sworn document. Federal perjury under 18 USC 1621 reaches both notarized affidavits and 28 USC 1746 declarations submitted in federal proceedings. State perjury statutes reach notarized affidavits filed in state proceedings or submitted to state agencies. Civilly, the false affidavit can be stricken, the underlying motion or claim dismissed, sanctions imposed under Rule 11 or the state equivalent, and (in some contexts) a separate fraud action by the opposing party. The perjury exposure is the load-bearing reason the receiving forum treats the affidavit as substantive evidence rather than mere correspondence.

Common Postures

Six Postures Where the General Affidavit Is the Right Form

The general affidavit fits six common posture categories where a sworn statement of fact is required and no instrument-specific affidavit (heirship, domicile, residency, name-change) applies. Each posture shapes the caption, the relationship-to-the-matter paragraph, and the execution choice between the notary jurat and the 28 USC 1746 declaration.

Sworn statement in a court filing

Affidavit submitted with a court motion or pleading where local rule permits party affidavits (summary judgment supporting affidavit, opposition affidavit, affidavit in support of preliminary injunction, affidavit in support of attorney fee application). FRCP 56(c)(4) sets the evidentiary floor for federal court; state rules track the federal framework.

Insurance claim or benefit appeal

Sworn statement submitted to an insurer in support of a claim (proof of loss, lost-document affidavit, no-other-insurance affidavit) or to an agency in support of a benefit determination or appeal. The receiving institution treats the affidavit as substantive evidence and acts on the facts sworn.

Bank, escrow, or transfer agent

Sworn statement to a bank, escrow agent, securities transfer agent, or other institutional party in support of a transaction (lost-cashier-check affidavit, lost-stock-certificate affidavit, identity affidavit, beneficial ownership affidavit). Receiving institutions condition release of funds or securities on the affidavit.

Fact witness corroboration

Sworn corroborating statement of a fact witness in support of another party's affidavit or claim. Common in probate (witness to a will execution), real estate (witness to a deed execution), and personal-injury contexts (eyewitness to the underlying incident).

Authenticity or fact-of-execution

Sworn statement attesting that a document is authentic, that a signature is the affiant's, that an event occurred on a specified date, or that records produced from a business custodian are true and correct copies of the originals (FRE 902(11) self-authenticating business records).

Lost-document affidavit

Sworn statement that an instrument (a stock certificate, a cashier's check, a savings bond, a vehicle title, a deed, a contract original) has been lost or destroyed, when and how, and that the affiant has not transferred or pledged the instrument. Most receiving institutions condition replacement on the lost-document affidavit and an indemnity bond.

Use the instrument-specific form when one exists.

A general affidavit is the catch-all, but instrument-specific affidavits (affidavit of heirship, affidavit of domicile, affidavit of death, financial affidavit, proof of residency affidavit, name-change affidavit, small-estate affidavit) are tuned for their receiving institutions. When a specific form applies, use it. If unsure which form fits the matter, send the file via /get-a-quote for an attorney-routed answer.

People Also Ask

General Affidavit: Drafting and Execution Questions

Sourced from the People Also Ask box for general affidavit, sworn statement template, and affidavit of fact.

What is a general affidavit?
A general affidavit is a catch-all sworn statement of fact used when no statute-specific or instrument-specific affidavit form applies. The affiant states the affiant's identification, the affiant's personal knowledge of the facts, the affiant's relationship to the matter, the facts themselves (one discrete fact per numbered sub-paragraph), the documents referenced or attached as exhibits, and the purpose for which the affidavit is given. The affidavit is sworn before a notary under the state perjury statute, or alternatively executed as an unsworn declaration under 28 USC 1746 with the same penalty-of-perjury exposure for federal-court and federal-agency uses.
What should a general affidavit include?
Six elements. First, an identifying caption block (state and county of execution, identification of the proceeding or transaction if any). Second, the affiant's qualifications (full legal name, address, age, competence). Third, the personal-knowledge statement and how the affiant acquired the knowledge (direct observation, business-records review, party involvement). Fourth, the numbered factual statements in declarative form, one fact per sub-paragraph, with information-and-belief statements expressly identified. Fifth, the exhibit list incorporating any attached documents by reference. Sixth, the execution block with the notary jurat or the 28 USC 1746 federal-declaration alternative. Federal Rule of Civil Procedure 56(c)(4) is the evidentiary template.
Does an affidavit need to be notarized?
For most state-court and private-party uses, yes. State court rules of evidence and state notary statutes typically require an affidavit to be sworn before a notary public who administers the oath, witnesses the signature, and completes the jurat. The jurat creates the perjury exposure (state perjury statute, plus 18 USC 1621 federally if the affidavit travels into a federal forum). For federal-court filings and submissions to federal agencies, 28 USC 1746 permits an unsworn declaration under penalty of perjury in lieu of the notarized affidavit, with limited exceptions (such as a state-law deposition certified by a foreign officer). The template below includes both alternatives.
Is an affidavit the same as a sworn statement?
Yes in common usage. The terms affidavit, sworn statement, and sworn declaration refer to the same instrument: a written statement of fact, made under oath or penalty of perjury, signed by the affiant. The technical distinction is that an affidavit is administered under oath before a notary (jurat block at the end), whereas a 28 USC 1746 declaration is executed without a notary but under the same penalty-of-perjury exposure. Receiving courts and agencies treat both as functionally equivalent; the choice between them depends on whether a notary is required by the receiving forum. State courts almost always require a notary; federal courts accept the declaration.
Can I write my own affidavit?
Yes. The affiant can draft the affidavit and execute it before a notary without an attorney. The traps for unrepresented affiants are conclusory statements and inadmissible content. Affidavits that include legal argument, conclusions of law, or statements not based on personal knowledge are routinely stricken under FRCP 56(c)(4) in federal court and similar state-rule equivalents. The template below tracks the Rule 56(c)(4) elements (personal knowledge, admissibility, competence) and walks the affiant through declarative factual statements (one fact per sub-paragraph) that survive a motion to strike.
What happens if you lie on an affidavit?
Both criminal and civil consequences. Criminally, a false statement under oath is perjury under the state perjury statute, punishable by incarceration. Federally, 18 USC 1621 makes perjury punishable by up to five years of incarceration and a fine. False statements made in a federal proceeding, including in a 28 USC 1746 declaration, carry the same exposure as a notarized affidavit. Civilly, the false affidavit may be stricken, the underlying motion or claim denied or dismissed, sanctions imposed against the affiant or counsel under FRCP 11, and (in some contexts) a separate fraud or abuse-of-process action by the opposing party. False affidavits filed in federal court also carry referral risk to the United States Attorney for criminal prosecution.
What is the penalty for a false affidavit?
Federal perjury under 18 USC 1621 carries up to five years of incarceration and a fine of up to $250,000 for an individual. False statements to federal agencies under 18 USC 1001 carry up to five years of incarceration and a fine. State perjury statutes typically range from one to fifteen years of incarceration depending on the state and the materiality of the false statement. In addition to incarceration and fine, the false affidavit triggers civil consequences (motion to strike, dismissal of the underlying claim, FRCP 11 sanctions, contempt of court for false statements made in a court proceeding) and professional consequences (referral to state bar, professional licensing board, or fiduciary regulator if the affiant is a licensed professional).
How do I fill out a general affidavit?
Five steps. First, identify the proceeding, claim, transaction, or institutional process to which the affidavit pertains and write the caption block. Second, list the affiant's qualifications (full legal name, address, age, competence) and identify how the affiant acquired personal knowledge (direct observation, party involvement, business-records review). Third, state the facts in numbered sub-paragraphs (4.1, 4.2, 4.3, and so on), one discrete fact per sub-paragraph, in declarative form, avoiding argument and conclusions. Fourth, list and attach any exhibits, attesting that the exhibits are true and correct copies of the originals. Fifth, sign before a notary (jurat block) for state-court and private-party uses, or execute the 28 USC 1746 declaration for federal uses.

Want an Affidavit That Survives a Motion to Strike?

The affidavits that get stricken at the dispositive-motion stage almost always share the same defects: legal conclusions dressed as facts, hearsay treated as personal knowledge, exhibits attached without authentication, and information-and-belief statements buried under a blanket disclaimer. An attorney drafts each numbered paragraph to the Rule 56(c)(4) standard, authenticates the exhibits, and picks the right execution mode for the receiving forum so the affidavit holds up to opposing counsel's strike motion.