How to Fill Out and File a Rhode Island Affidavit Form

A Rhode Island affidavit form is a written statement of facts that you sign under oath before a notary public, and it carries the same weight as sworn testimony in court. To use one, you draft the facts in numbered paragraphs, sign in the notary’s presence while taking an oath that the contents are true, and then submit the document wherever it is needed โ€” a court clerk, a probate court, or the DMV.

What to Put in the Affidavit

Start with your full legal name and current residential address at the top. If the affidavit supports a pending lawsuit, add the case caption: the names of the parties, the court, and the docket number.

The body is where you lay out the facts. Write in the first person and use numbered paragraphs, with each paragraph covering one distinct fact or event. Stick to what you personally witnessed or know firsthand. Courts routinely reject affidavits built on secondhand information or speculation, so “I saw the water damage on March 4, 2025” is far more useful than “I was told there was water damage.”

Keep the language specific. Use exact dates, full names, and precise descriptions. If you are attaching documents as exhibits, reference them in the text (“a copy of the receipt is attached as Exhibit A”). Close with a statement swearing the contents are true under penalty of perjury. Leave the signature line, date, and notary block blank โ€” you complete those in front of the notary.

Getting the Affidavit Notarized

An affidavit requires a jurat, not a simple acknowledgment. A jurat means you sign the document in the notary’s physical presence and take an oath or affirmation that its contents are truthful. You cannot sign in advance.

Identification You Need to Bring

Rhode Island notaries must verify your identity using at least one current government-issued photo ID that includes your signature. Acceptable forms include a driver’s license from any U.S. state, a valid U.S. or foreign passport, or a military ID card. An expired ID is accepted only if it expired within the last three years. Photocopies do not count.

Fees and Where to Go

Rhode Island law caps notary fees at $25 per notarization. Banks, UPS stores, shipping centers, and law offices commonly offer the service, and some bank branches notarize free for account holders. Court clerks are also authorized to administer oaths.

Remote Online Notarization

Rhode Island permits remote online notarization under R.I.G.L. 42-30.1, so you can complete the process over a live audio-video call with a registered remote notary without appearing in person.

Common Rhode Island Affidavit Forms

A general affidavit works for most sworn statements โ€” supporting a court motion, confirming a debt, verifying an identity. Certain Rhode Island transactions, though, require specific prescribed forms.

DMV Affidavits for Vehicle Transfers

If you receive a vehicle as a gift from someone outside your immediate family, you need both a notarized gift letter and a completed Affidavit of Gift of Motor Vehicle (Form SU 87-65) to claim the sales tax exemption. When a vehicle owner dies, the heir uses a Sole Heir Affidavit to transfer the title instead of signing the back of the old title. Both forms are on the DMV website.

Small Estate Affidavit for Probate

Rhode Island allows a simplified probate process under R.I.G.L. ยง 33-24-1. If a Rhode Island resident dies leaving only personal property valued at $15,000 or less (excluding tangible items like furniture or clothing), a qualifying family member or interested party can file a verified statement with the local probate court instead of opening a full probate administration. The filer must wait at least 30 days after the death, and no petition for letters testamentary or administration can already be pending. The Providence Probate Court charges $39 total for the filing; fees at other municipal probate courts are similar but can vary.

Where to Find the Forms

The Rhode Island Judiciary maintains an online forms portal searchable by court type and form category. DMV affidavit forms are on the Rhode Island Division of Motor Vehicles website under the registrations and titles section. For probate affidavits, contact the probate court in the city or town where the deceased resided; each municipality operates its own probate court and may have its own form.

If no pre-printed form fits your situation, you can draft a general affidavit yourself or have an attorney prepare one. There is no single mandatory template for general affidavits in Rhode Island, but the document must include your identity, numbered factual statements, oath language, your signature, and the notary’s jurat block with their seal.

Filing the Affidavit

Where you file depends on why you created it. An affidavit supporting a pending lawsuit goes to the clerk’s office of the court handling your case. A probate affidavit goes to the municipal probate court. A DMV affidavit gets submitted directly to the Division of Motor Vehicles with your title paperwork.

Rhode Island’s electronic filing system is mandatory for attorneys in all courts except District Court criminal cases. If you are representing yourself, e-filing is optional and paper filing remains available.

An affidavit filed as a supporting document in an existing case typically does not carry its own fee; you pay only when initiating a new case or filing certain motions. If the affidavit accompanies a new civil action, you pay that court’s civil filing fee: $80 for a standard District Court civil filing, $55 for small claims, and $160 in Superior Court, with a $17.50 processing fee and $3.25 technology surcharge added for electronic filings.

Perjury and False Affidavits

Everything in an affidavit is stated under penalty of perjury. Rhode Island defines perjury as knowingly making a false material declaration while under oath or affirmation, and the penalty is imprisonment for up to 20 years.

Beyond criminal prosecution, a court that finds you lied can strike the affidavit from the record, sanction you or your attorney, award the opposing party their legal costs, and reopen any proceeding that relied on the document. Never sign an affidavit containing a statement you are not certain is true.