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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Notary · 28 USC 1746
State court or federal
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).
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.)
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).
- 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
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
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
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
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.
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.
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.
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?
What should a general affidavit include?
Does an affidavit need to be notarized?
Is an affidavit the same as a sworn statement?
Can I write my own affidavit?
What happens if you lie on an affidavit?
What is the penalty for a false affidavit?
How do I fill out a general affidavit?
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.