California Private Investigator Practice Exam

What is a non-sworn statement commonly referred to as?

1. Affidavit

2. Testimony

3. Declaration

4. Subpoena

The correct answer is: Declaration

A non-sworn statement is commonly referred to as a declaration. This designation is important because a declaration is a written statement that is made under penalty of perjury, but it does not necessarily require the formalities of an affidavit, which typically must be sworn in front of a notary public or other official. Declarations can be used in various legal contexts, such as in court proceedings, as supporting documents, or in situations where individuals need to provide facts without the necessity of a formal oath. The distinction between a declaration and other terms is significant. An affidavit is a sworn statement, thus requiring a witness or notary. Testimony usually refers to oral statements made in court, where the individual is under oath, thus differing from the informal nature of a declaration. A subpoena, on the other hand, is a legal document ordering someone to appear in court or produce evidence, which does not describe the nature of a statement but rather a legal command. Understanding this terminology is vital for private investigators, as it helps them determine the appropriate documentation and methods for gathering information legally and effectively.