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Your Legal Emergency Guide to Affidavits in Texas Personal Injury & Criminal Defense
If you’ve been injured in a car accident, are facing criminal charges, or are navigating any legal challenge in Texas, you’ve likely heard the term “affidavit.” You might be wondering: What exactly is an affidavit? Why is it so important? And how can it make or break your case? As Attorney Ralph Manginello explains on the Attorney 911 Podcast, an affidavit is far more than just a piece of paper—it’s a powerful legal tool that can preserve critical evidence, save you from courtroom hassles, and strengthen your claim when you need it most. At Attorney911, we’ve used affidavits for over 25 years to build multi-million dollar personal injury cases and secure dismissals in complex criminal defense matters. This comprehensive guide will break down everything you need to know about affidavits in Texas law, drawing from our decades of experience in Houston courtrooms, federal litigation, and our unique insider knowledge of how insurance companies operate.
What Is an Affidavit? The Texas Legal Definition
As Attorney Ralph Manginello defines it, “An affidavit is simply a sworn statement that’s made by an affiant—maybe you, maybe a witness, maybe a doctor, whoever—to a records custodian.” In simpler terms, it’s a written statement of facts that someone signs under oath, affirming that what they’ve written is true to the best of their personal knowledge. This isn’t casual conversation or an opinion piece—it’s a formal legal document that carries the weight of testimony, but without requiring the person to be physically present in court at that moment.
The Three Critical Components of a Valid Texas Affidavit
For an affidavit to be admissible in Texas courts—whether in Houston’s Harris County Civil Courthouse, federal court in the Southern District of Texas, or any courthouse across the state—it must meet three strict requirements:
1. It Must Contain Factual Information Based on Personal Knowledge: This is where many people make crucial mistakes. As Ralph emphasizes, “You only want to put factual information in there.” An affidavit is not for speculation, opinions, or guesses. It must contain only what the person actually saw, heard, or experienced firsthand. Texas Rule of Evidence 602 explicitly requires that a witness testify only about matters of which they have personal knowledge. When we prepare affidavits at Attorney911, we meticulously interview witnesses to extract pure facts: “The light was red,” “I heard brakes screeching,” “I saw the truck cross the center line.” Opinions like “He was driving recklessly” are excluded unless the witness is qualified as an expert.
2. It Must Be Signed by the Affiant in Front of an Authorized Official: Ralph stresses this point repeatedly because it’s non-negotiable: “It has to be signed by the person who signed it. It has to be signed in front of a notary or someone who’s authorized to view it and notarize it.” In Texas, this requirement is governed by the Texas Government Code, Chapter 406. The notary public administers an oath or affirmation, verifies the signer’s identity, and then applies their official seal. This formal process transforms a simple statement into a sworn document. If it’s not properly notarized, opposing counsel will object to its admission, and the court will likely exclude it—potentially devastating your case.
3. It Must Be Voluntarily Made and Understandable to the Affiant: Texas law requires that the person making the affidavit (the affiant) understands what they’re signing. They must be competent, not under duress, and the language must be clear. At Attorney911, we always have witnesses review their affidavits carefully and ask: “Is this exactly what you saw, heard, witnessed?” Only when they confirm it’s accurate do we proceed to notarization. This protects both the witness and our client’s case from later claims of misunderstanding or coercion.
How Attorney911 Uses Affidavits in Texas Personal Injury Cases
At our Texas-based firm, with offices in Houston, Austin, and Beaumont, we deploy affidavits as strategic tools from day one of your case. Here’s exactly how we use them to build stronger claims and secure better outcomes for injured Texans.
Witness Affidavits: Capturing Critical Evidence Before Memories Fade
Ralph provides a perfect example from car collision cases: “Let’s say that there’s a witness… we’ll talk to them and say okay what did you see what did you hear what did you witness… we can put that in the form of an affidavit, have them review it… they’ll sign and date it in front of our notary and then we have an affidavit that we can use and file with the court.”
Why is this so crucial? Memories fade. Witnesses move. Details get confused over time. In the chaotic aftermath of a serious accident in Houston—whether on I-45, the 610 Loop, or a rural Texas highway—eyewitness accounts are perishable evidence. Insurance companies know this and often delay proceedings hoping witnesses will become unavailable or forget details. We counter this by immediately identifying and interviewing witnesses, then securing their testimony via affidavit.
Real-World Application: In a recent multi-million dollar settlement for a client who suffered a leg injury leading to partial amputation after a car accident, witness affidavits played a critical role. Independent witnesses provided sworn statements about the at-fault driver’s speeding and erratic lane changes. Because we had these affidavits signed and notarized within days of the crash, the insurance company couldn’t later claim the witnesses were unreliable or that their memories had faded. The affidavits preserved their accounts exactly as they remembered them at the time.
The practical benefit Ralph mentions is enormous: “That person isn’t required to come down to court, show up, come to a hearing, wait down there, travel down there, do all that stuff.” For working Texans in Houston, Austin, or Beaumont, taking time off for multiple court appearances means lost wages and significant inconvenience. With a properly executed affidavit, we can often present their testimony without disrupting their lives.
Medical Records Affidavits: Proving Up Your Treatment Without Dragging Doctors to Court
Perhaps the most common use of affidavits in Texas personal injury practice involves medical records. Ralph explains: “We also have affidavits that are attached to medical records and that also proves up the medical records… what that person is saying in that affidavit is: our business keeps these records in the normal course of business, we have a certain way that we do it, we’ve done it that way, these are accurate, they’re truthful and I’m swearing to that as this records custodian.”
Under Texas Rule of Evidence 902(10), medical records accompanied by a proper affidavit (often called a “business records affidavit” or “affidavit of custodian of records”) are self-authenticating. This means we can submit them as evidence without needing a hospital administrator or doctor to testify in person about their authenticity. Given that serious injury cases often involve thousands of pages of medical records from multiple providers—emergency rooms, surgeons, physical therapists, neurologists—this procedural shortcut is invaluable.
Why This Matters for Your Recovery: When you’re recovering from catastrophic injuries like traumatic brain injury, spinal cord damage, or multiple fractures—injuries we’ve handled in cases resulting in multi-million dollar settlements—the last thing you need is for your case to be delayed because we’re trying to coordinate schedules with a dozen medical professionals. The affidavit streamlines the process, allowing us to focus on building your case rather than bureaucratic hurdles.
Our insider advantage here is significant. Because Lupe Peña, our associate attorney, spent years working at a national defense firm, he knows exactly how insurance companies scrutinize medical records affidavits for technical deficiencies. He understands what language they’ll challenge and what formatting they’ll accept without objection. This means our affidavits are prepared with defense-side scrutiny in mind from the beginning, making them more resistant to attack and more likely to be admitted without costly delays.
The Broad Legal Landscape: Where Else Affidavits Matter in Texas
While personal injury cases represent a major use of affidavits in our practice, Ralph notes they’re employed across the Texas legal system: “Affidavits are used in probate court, bankruptcy court, there’s affidavits of heirship, they’re used in divorce proceedings for financial issues, property transfers.”
Criminal Defense Applications
In our criminal defense practice at Attorney911—where Ralph’s HCCLA membership and 25+ years of experience give us elite standing—affidavits can be game-changers. We might use an affidavit from an alibi witness who can account for your whereabouts. In drug possession cases, we might secure affidavits challenging chain of custody or the reliability of field tests. In DWI cases, like one where we secured a dismissal because our client “did not appear drunk in the video,” affidavits from toxicology experts or accident reconstruction specialists can create reasonable doubt.
One critical area is affidavits of non-prosecution in domestic violence cases. While these don’t automatically dismiss charges, they can influence prosecutors’ decisions. However, as experienced Texas criminal defense attorneys, we approach these carefully, ensuring they’re truthful and won’t backfire on our client.
Probate and Family Law
In Texas probate proceedings, affidavits of heirship (governed by Texas Estates Code Section 203.001) allow heirs to establish property rights without formal administration. In divorce cases, financial affidavits are required by many Texas counties, including Harris County, to provide full disclosure of assets and debts. Having handled complex property division cases, we know how crucial accuracy in these documents is—omissions or misstatements can lead to sanctions or overturned settlements.
The Attorney911 Difference: How Our Experience with Affidavits Benefits You
Any Texas attorney can draft an affidavit. What separates Attorney911 is how we use them strategically, our attention to detail, and our insider knowledge of how the other side will attack them.
Our 25+ Year Track Record of Getting Details Right
Ralph Manginello’s admission to the Texas Bar in 1998 and his federal court admission to the U.S. District Court, Southern District of Texas mean he understands affidavit requirements at both state and federal levels. The BP explosion litigation we were involved in required hundreds of meticulously prepared affidavits to establish liability against a multinational corporation. That level of scrutiny—where billion-dollar defendants have teams of lawyers looking for any technical flaw—taught us precision that benefits every client, whether their case is worth $50,000 or $5 million.
As client Jamin Marroquin testified about his experience with us: “Mr. Manginello guided me through the whole process with great expertise… tenacious, accessible, and determined.” This attention to detail extends to affidavit preparation. We don’t use templates blindly; we craft each affidavit to serve a specific strategic purpose in your unique case.
Lupe Peña’s Insurance Defense Insider Knowledge
This is perhaps our most significant advantage for personal injury clients. Lupe Peña worked for years at a national defense firm, learning exactly how insurance companies value claims and attack evidence. When it comes to affidavits, he knows:
- Which technical deficiencies insurance attorneys look for to have affidavits thrown out
- How to phrase statements to withstand “hearsay” objections under Texas Rules of Evidence
- What timing strategies insurance companies use regarding affidavits (delaying until witnesses disappear)
- How to counter “affidavits of contradictory experts” that insurance companies frequently employ
As Lupe explains from his defense-side experience: “I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. Here’s the truth: Insurance companies take innocent activity out of context… They’re not documenting your life—they’re building ammunition against you.” This same scrutiny is applied to affidavits. Knowing this, we prepare yours to be bulletproof.
Comprehensive Investigation Supporting Every Affidavit
An affidavit is only as good as the investigation behind it. At Attorney911, we don’t just take statements at face value. In car accident cases, we:
- Visit the crash scene in Houston, Austin, or wherever it occurred in Texas
- Obtain and analyze traffic camera footage before it’s automatically deleted (often within 30 days)
- Download and preserve event data recorders (vehicle “black boxes”)
- Consult with accident reconstruction experts early
This investigation informs our affidavit preparation, allowing us to ask witnesses the right questions and include corroborating details that make their statements more credible. In our multi-million dollar logging brain injury case, detailed affidavits from co-workers about safety protocol violations were crucial—but those affidavits were powerful because they were backed by site inspections, equipment examination, and expert analysis of how the log should have been secured.
Common Affidavit Mistakes That Can Sink Your Texas Case
Based on our decades of practice, here are the most frequent—and costly—errors we see in affidavits, often from people representing themselves or using inexperienced counsel:
1. Including Opinions Instead of Facts
As Ralph emphasized: “It’s a sworn document as to personal knowledge that includes facts not opinions.” Saying “the driver was negligent” is an opinion (and a legal conclusion). Saying “the driver ran the red light” is a fact. The former can be stricken; the latter is admissible. Texas courts regularly exclude affidavits that venture into speculation or legal conclusions.
2. Technical Notarization Errors
A notary must be physically present, verify identity, administer an oath, and properly complete the notarial certificate. Remote online notarization is now permitted in Texas under certain conditions, but the rules are strict. We’ve seen cases where affidavits were rejected because the notary’s commission had expired, the venue was incorrect, or the notary failed to properly record the transaction. Our office has dedicated notaries who understand these requirements intimately.
3. Failing to Establish Personal Knowledge
The affidavit must explicitly or implicitly show how the affiant knows what they’re claiming. “I know the light was red because I was standing at the corner waiting to cross” establishes personal knowledge. “I heard the light was red” is hearsay. Texas Rule of Evidence 602 requires this foundation, and we ensure every affidavit we prepare meets it.
4. Using Language the Affiant Doesn’t Understand
Legal jargon confuses witnesses and can later allow them to claim they didn’t understand what they signed. We use clear, straightforward language that matches how the witness speaks. This is particularly important for our Spanish-speaking clients—Lupe Peña and our bilingual staff (including Zulema) ensure affidavits are accurately translated and understood.
5. Waiting Too Long
Evidence disappears daily in Texas. Surveillance footage is typically retained only 30 days. Witness memories fade. The Texas two-year statute of limitations for personal injury (Texas Civil Practice & Remedies Code § 16.003) continues ticking. Procrastination on affidavits can mean losing critical evidence forever. That’s why we act with urgency—the same urgency reflected in our emergency hotline: 1-888-ATTY-911.
How Attorney911’s Affidavit Strategy Translates to Better Results
Our meticulous approach to affidavits is part of a larger philosophy: we prepare every case as if it’s going to trial. Insurance companies know when a firm is serious about litigation versus just seeking quick settlements. Here’s how our affidavit work demonstrates that seriousness:
Building Leverage in Negotiations
When we present the insurance adjuster with a package including signed, notarized affidavits from credible witnesses, along with a business records affidavit authenticating comprehensive medical documentation, they immediately recognize we’ve built a solid foundation for trial. This isn’t a “settlement mill” case file with gaps and weaknesses—it’s trial-ready. As client Donald Wilcox discovered after another firm rejected his case: “Then I got a call from Manginello… I got a call to come pick up this handsome check.” Our thorough evidence collection, including affidavits, creates leverage that translates to better settlements.
Protecting Clients from Insurance Tactics
Insurance companies routinely take recorded statements from witnesses, often asking leading questions designed to minimize liability. By securing sworn affidavits first, we preserve the witness’s account in their own words. As Lupe knows from his defense-side work, once an affidavit is signed, attempts to later change the story can be impeached with the affidavit. This protects your case from witness manipulation.
Efficiency That Saves You Money
Because we properly authenticate medical records via affidavit, we avoid costly deposition fees for records custodians. This efficiency is part of how we manage cases on contingency—we don’t get paid unless we win your case (33.33% before trial, 40% if trial). We advance all costs, so you pay nothing upfront, and we’re motivated to work efficiently while maximizing your recovery.
Real Client Experiences: How Affidavits Made the Difference
Our 251+ Google reviews with 4.9 stars frequently mention our thoroughness and attention to detail. While specific affidavit work isn’t always highlighted, the results speak volumes:
Tracey White noted: “She had received an offer but she told me to give her one more week because she knew she could get a better offer.” That confidence comes from having solid evidence, including affidavits, to back up our valuation.
Angel Walle experienced the difference when switching to us: “They solved in a couple of months what others did nothing about in two years.” Part of that acceleration comes from properly documenting evidence early through tools like affidavits, rather than letting cases stagnate.
In criminal defense, Cassie Wright shared: “Ralph is an AMAZING ATTORNEY. I have used him 2 TIMES FOR 2 separate cases the first case he got me an OFF DOCKET DISMISSAL!” Strategic use of affidavits from investigators or experts can create the reasonable doubt needed for such outcomes.
Your Next Steps: When You Need an Affidavit in Texas
If you’re involved in a legal matter where an affidavit might be necessary—or if you’ve been asked to sign one—here’s what to do:
Do NOT Sign Anything Without Legal Advice
Insurance adjusters sometimes present “written statements” that function like affidavits but aren’t properly notarized. Signing these can lock you into a version of events before you understand all the facts. Similarly, if you’re a witness, you want to ensure your statement is accurate and complete. Always consult an attorney first.
Act Quickly to Preserve Evidence
As we’ve emphasized, evidence disappears. If you were in an accident, witnessed an event, or have knowledge relevant to a legal proceeding, contact us immediately at 1-888-ATTY-911. The sooner we can interview you and prepare an affidavit, the more accurate it will be.
Choose a Firm with Texas Courtroom Experience
Drafting affidavits that withstand scrutiny requires knowledge of Texas evidence rules, local court preferences, and opposing counsel tactics. Ralph Manginello’s 25+ years in Texas courts, including federal litigation, and Lupe Peña’s defense-side experience give us that edge. We’re not just form-fillers; we’re strategic litigators.
Why Attorney911 Is Texas’ Choice for Legal Emergencies
When Trae Tha Truth recommends a law firm to Houston, you know it’s trustworthy. When clients like Glenda Walker say, “They make you feel like family and… they fought for me to get every dime I deserved,” you know the personal commitment is real. And when you see our involvement in cases ranging from BP explosion litigation to a current $10 million lawsuit against the University of Houston and Pi Kappa Phi fraternity, you know we’re not afraid of complex, high-stakes battles.
Affidavits are one tool in our comprehensive legal toolkit. Whether you’re facing a personal injury crisis in Houston, Austin, or Beaumont, or criminal charges anywhere in Texas, we bring the same precision, strategic thinking, and relentless advocacy to every aspect of your case.
Remember: An affidavit is a powerful legal instrument that can preserve critical testimony, authenticate documents, and strengthen your position. But only if it’s done right. Don’t leave this to chance, generic online forms, or inexperienced counsel.
If you have a legal emergency involving affidavits or any other aspect of Texas personal injury or criminal defense law, call the Legal Emergency Lawyers™ at Attorney911 today. We offer free consultations, we work on contingency (you pay nothing unless we win), and we have the proven results and insider knowledge to make a difference in your case.
Call 1-888-ATTY-911 now. We answer 24/7 because legal emergencies don’t wait for business hours. Let us put our 25+ years of Texas courtroom experience, our multi-million dollar case results, and our unique insurance defense insider advantage to work for you.
Frequently Asked Questions About Affidavits in Texas
Can I write my own affidavit in Texas without a lawyer?
Technically yes, but we strongly advise against it. The Texas Rules of Evidence and civil procedure have specific requirements for affidavits. A single mistake—like including improper opinions rather than facts, or not having it properly notarized—can render it useless or even harmful to your case. At Attorney911, we’ve seen self-prepared affidavits backfire when they contained admissions or inconsistencies that hurt the client’s position. Our free consultation can help you understand whether an affidavit is needed and how to proceed correctly.
How much does it cost to have an affidavit prepared by Attorney911?
For personal injury cases, we work on a contingency fee basis—you pay no upfront costs. We advance all expenses, including affidavit preparation, notary fees, and investigation costs. We only get paid if we recover compensation for you (33.33% before trial, 40% if trial). For other legal matters, we offer reasonable flat fees or hourly rates discussed transparently during your free consultation. Call 1-888-ATTY-911 to discuss your specific situation.
What’s the difference between an affidavit and a deposition in Texas?
An affidavit is a written statement sworn before a notary. A deposition is oral testimony given under oath with a court reporter present, where the witness answers questions from attorneys. Affidavits are generally simpler, faster, and less expensive. Depositions allow for cross-examination and follow-up questions. At Attorney911, we choose the right tool for each situation—sometimes using affidavits for straightforward witness accounts and reserving depositions for key witnesses or parties where we need to explore details through questioning.
Can an affidavit be used in Texas if the witness lives out of state?
Yes, but it must comply with both Texas law and the laws of the state where it’s signed. The notarization must be valid in that state, and some states have specific requirements. We regularly handle multi-state cases and coordinate with local counsel when needed to ensure affidavits are properly executed. Our experience with federal court cases in the Southern District of Texas has given us particular expertise in navigating interstate legal procedures.
What happens if someone lies in an affidavit in Texas?
Lying under oath in an affidavit constitutes perjury, a criminal offense under Texas Penal Code § 37.02. It can result in criminal charges, fines, and jail time. Additionally, in civil cases, the court can strike the affidavit, sanction the party, and even dismiss claims or defenses. The legal and ethical integrity of every affidavit we prepare is paramount—we ensure our clients and witnesses understand the seriousness of swearing to the truth.
How long does it take to get an affidavit prepared and notarized through Attorney911?
In urgent situations, we can often prepare and notarize an affidavit within 24-48 hours. We have notaries on staff and understand the urgency of preserving evidence. However, the preparation time depends on the complexity of the statement and the need for thorough investigation. During your free consultation at 1-888-ATTY-911, we can provide a more specific timeline based on your circumstances.
Frequently Asked Questions
Can I write my own affidavit in Texas without a lawyer?
Technically yes, but we strongly advise against it. The Texas Rules of Evidence and civil procedure have specific requirements for affidavits. A single mistake can render it useless or harmful. At Attorney911, we’ve seen self-prepared affidavits backfire when they contained admissions or inconsistencies. Our free consultation can help you understand whether an affidavit is needed and how to proceed correctly.
How much does it cost to have an affidavit prepared by Attorney911?
For personal injury cases, we work on a contingency fee basis—you pay no upfront costs. We advance all expenses, including affidavit preparation, notary fees, and investigation costs. We only get paid if we recover compensation for you. For other legal matters, we offer reasonable flat fees or hourly rates discussed transparently during your free consultation at 1-888-ATTY-911.
What’s the difference between an affidavit and a deposition in Texas?
An affidavit is a written statement sworn before a notary. A deposition is oral testimony given under oath with a court reporter present, where the witness answers questions from attorneys. Affidavits are generally simpler and faster. At Attorney911, we choose the right tool for each situation—using affidavits for straightforward accounts and depositions for key witnesses where we need to explore details through questioning.
Can an affidavit be used in Texas if the witness lives out of state?
Yes, but it must comply with both Texas law and the laws of the state where it’s signed. The notarization must be valid in that state. We regularly handle multi-state cases and coordinate to ensure affidavits are properly executed. Our federal court experience gives us particular expertise in navigating interstate legal procedures.
What happens if someone lies in an affidavit in Texas?
Lying under oath in an affidavit constitutes perjury, a criminal offense under Texas Penal Code § 37.02. It can result in criminal charges, fines, and jail time. In civil cases, the court can strike the affidavit, sanction the party, and even dismiss claims. We ensure every affidavit we prepare maintains complete legal and ethical integrity.
How long does it take to get an affidavit prepared and notarized through Attorney911?
In urgent situations, we can often prepare and notarize an affidavit within 24-48 hours. We have notaries on staff and understand the urgency of preserving evidence. Preparation time depends on complexity and investigation needs. During your free consultation at 1-888-ATTY-911, we provide a specific timeline based on your circumstances.
