What Are the Requirements for a Valid Texas Affidavit?

The requirements for a valid Texas affidavit come from Texas Government Code Section 312.011: a written statement of facts, signed by the person making it (the affiant), sworn to before an officer authorized to administer oaths, and certified by that officer under an official seal. Miss any one of those four pieces and a Texas court can throw the document out. The sections below cover each requirement, the notarization steps that make it enforceable, the unsworn declaration that can sometimes take its place, and the defects that most often sink affidavits in practice.

The Four-Part Statutory Definition

Every element of Section 312.011 does independent work. A document that looks like an affidavit but was never sworn before an authorized officer is just a letter. A sworn statement that was never signed is worthless. A signed and sworn statement without the officer’s certification and seal fails at the last step. Texas courts reject affidavits regularly when even one requirement is missing, so treat the definition as a checklist rather than a formality.

Who Can Put You Under Oath

Not just anyone can swear you in. Texas Government Code Section 602.002 lists the officials authorized to administer oaths in Texas, and the list is broader than most people realize. It includes judges and retired judges, court clerks, notaries public, county judges, justices of the peace, and the secretary of state.¹ Most people use a notary public because notaries are easy to find at banks, shipping stores, and law offices.

The affiant can either swear a traditional oath or make an affirmation. An affirmation carries the same legal weight without invoking a religious commitment. Either way, the affiant has to state out loud that the contents of the document are true. A nod or silence does not count. If the officer skips this step, or administers the oath after the affiant has already left, the affidavit is defective.

What the Document Itself Must Contain

No statute dictates an exact template, but Texas courts expect a recognizable structure, and certain elements are effectively mandatory.

A title and the affiant’s full legal name at the top.
A personal knowledge statement. Texas Rule of Evidence 602 requires that any witness, including an affiant, have direct knowledge of the matters they describe. An affidavit built on assumptions, rumors, or things someone else said is vulnerable to being struck.²
Numbered factual paragraphs, each covering one distinct point. Keep them concrete and avoid speculation or legal conclusions.
Any referenced contracts, photographs, or records attached as labeled exhibits and identified in the text (“see Exhibit A, attached”).
A closing declaration above the signature line affirming the contents are true, typically phrased “I swear (or affirm) under penalty of perjury that the foregoing is true and correct.”
A jurat, the certification block where the officer confirms the affiant appeared, took the oath, and signed.

For summary judgment specifically, Texas Rule of Civil Procedure 166a (rewritten effective March 1, 2026) requires that affidavits be based on personal knowledge, set forth facts admissible as evidence, and show the affiant is competent to testify about those facts.³ An affidavit that states conclusions (“the defendant was negligent”) rather than observable facts (“the defendant ran a red light”) will not survive a challenge.

Jurat vs. Acknowledgment

This distinction sinks more affidavits than almost any other single mistake. A jurat is the notarial act required for affidavits: the notary administers an oath or affirmation, the affiant swears the contents are truthful, and the affiant signs in the notary’s presence. The certificate typically reads “subscribed and sworn to (or affirmed) before me.”

An acknowledgment is different. It is used for documents like deeds and contracts. The signer confirms to the notary that they signed willingly, but there is no oath about truthfulness, and the document can be signed before appearing at the notary. The certificate reads “acknowledged before me.”

If a notary performs an acknowledgment on a document that needs a jurat, the affidavit lacks a sworn oath, and that is fatal. When you sit down at the notary’s desk, confirm that they are performing a jurat.

Notarization Steps That Must Actually Happen

Texas Government Code Chapter 406 governs notary commissions and sets the procedures notaries must follow. Each step below carries independent legal weight, meaning a failure at any one of them can invalidate the affidavit.

Identity Verification

The notary must confirm who you are before proceeding, either through a current government-issued photo ID (driver’s license, passport) or through personal knowledge of the signer.⁴ Notaries record how identity was verified in their notary journal.

Personal Appearance and Signing

The affiant must physically appear before the notary at the time of notarization. Under Section 406.0091, a notary commits a criminal offense by notarizing a document when the signer did not personally appear.⁴ For a jurat, the affiant must also sign in the notary’s presence. Bringing a pre-signed document works for acknowledgments but not for affidavits.

The Notary’s Seal and Certificate

Every Texas notary must maintain an official seal that includes “Notary Public, State of Texas,” the notary’s name, identifying number, and commission expiration date.⁴ The jurat certificate must be completed with all of these elements. A missing seal, an expired commission date, or a blank certificate gives an opposing party clean grounds to challenge the affidavit.

Remote Online Notarization

Texas authorizes remote online notarization (RON), which lets the affiant appear before the notary through a live two-way video and audio connection instead of in person. Section 406.110 of the Government Code governs the process, which is useful when the affiant cannot travel to the notary.

Identity verification is stricter than for in-person notarization. Unless the notary personally knows the signer, the process requires all three of the following: the signer must present a government-issued photo ID on camera, the platform must run a credential analysis on that ID, and the signer must pass identity proofing through knowledge-based authentication questions drawn from public records.⁴ The notary must also take reasonable steps to keep the video connection secure. The certificate must note that the act was performed online and indicate whether the signature was handwritten on a physical document or applied electronically.

Unsworn Declarations as a Substitute

Texas Civil Practice and Remedies Code Section 132.001 lets an unsworn declaration substitute for a sworn affidavit in many situations. You can submit a written statement under penalty of perjury without going to a notary, as long as you include the required statutory language.⁵

The required jurat must include your full name, date of birth, and street address, followed by the statement “I declare under penalty of perjury that the foregoing is true and correct.” You must also note the county and state where you signed it, along with the date. The statute says the form must be followed “substantially,” which means minor wording variation may be acceptable, but omitting required information like date of birth likely is not.

There are exceptions worth flagging. Unsworn declarations cannot replace a sworn affidavit for documents that must be filed with a county clerk, such as liens or instruments affecting real or personal property. They also cannot replace an oath of office. If your situation involves a real estate transaction or a lien filing, you still need a traditional notarized affidavit.

Defects That Get Affidavits Struck

Texas courts reject affidavits along predictable lines. Knowing where things go wrong is at least as useful as knowing the formal requirements.

No personal knowledge. This is the single most common problem. An affiant who describes events they did not witness, or repeats what someone else said, is offering hearsay, and courts strike those statements.²
Legal conclusions instead of facts. Statements like “the contract was breached” are conclusions for a judge or jury. Describe what happened; do not characterize it legally.
Defective notarization. A missing seal, an unsigned jurat, an expired notary commission, or an acknowledgment used in place of a jurat can each independently invalidate the affidavit.⁴
No oath or affirmation. If the affiant never actually swore or affirmed the contents before the notary, the document is not an affidavit regardless of what appears on its face.
Vague statements. “I believe the payment was made around that time” gives the court nothing to rely on. Specificity matters.
Missing penalty-of-perjury language. For unsworn declarations under Section 132.001, omitting the “I declare under penalty of perjury” statement or leaving out required identifying information makes the declaration legally insufficient.

Timing determines how bad the damage is. If the defective affidavit supports a summary judgment motion, losing it can mean losing the motion entirely. In contested hearings, the opposing side will file a motion to strike, and judges grant those motions routinely when the defect is clear.

Penalties for Lying or Notarizing Improperly

Lying in an affidavit is a crime. Under Texas Penal Code Section 37.02, making a false statement in a sworn affidavit or a false unsworn declaration under Chapter 132 is perjury, a Class A misdemeanor.⁶ The maximum punishment is up to one year in county jail and a fine of up to $4,000.⁷

If the false statement is made during or in connection with an official proceeding and is material to the case, the charge jumps to aggravated perjury under Section 37.03, a third-degree felony.⁸ That carries two to ten years in prison and a possible fine of up to $10,000.⁹ Most affidavits submitted in litigation are connected to an official proceeding, so the aggravated charge is a realistic risk whenever someone knowingly lies.

Notaries face their own exposure. The Secretary of State may suspend or revoke a notary’s commission for good cause, which includes notarizing a document when the signer did not personally appear, failing to maintain required records, or any conviction related to notary misconduct.⁴ Performing a notarization without personal appearance is also a separate criminal offense under Section 406.0091.

If Your Case Is in Federal Court

The Texas rules above apply in Texas state proceedings. If your matter is in federal court in Texas, the affidavit rules shift. Federal law under 28 U.S.C. § 1746 allows unsworn declarations to replace sworn affidavits in nearly all federal proceedings, as long as the declaration is signed and dated with specific language: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).”¹⁰ That form is simpler than the Texas version, which requires your date of birth, address, and county of execution. Federal perjury under 18 U.S.C. § 1621 carries up to five years in prison.¹¹

1
State of Texas. Texas Government Code Section 602.002 – Oath Made in This State
2
Texas Courts. Texas Rules of Evidence – Rule 602 Need for Personal Knowledge
3
Texas Courts. Texas Rules of Civil Procedure March 1 2026
4
State of Texas. Texas Government Code Chapter 406 – Notary Public
5
Texas Legislature Online. H.B. No. 3674 – Section 132.001 Civil Practice and Remedies Code
6
State of Texas. Texas Penal Code Section 37.02 – Perjury
7
State of Texas. Texas Penal Code Section 12.21 – Class A Misdemeanor
8
State of Texas. Texas Penal Code Section 37.03 – Aggravated Perjury
9
State of Texas. Texas Penal Code Section 12.34 – Third Degree Felony Punishment
10
Office of the Law Revision Counsel. 28 U.S. Code 1746 – Unsworn Declarations Under Penalty of Perjury
11
Office of the Law Revision Counsel. 18 USC Ch. 79 – Perjury