An affidavit is a written declaration, under oath, made without notice to the adverse party.
§ 422.Affidavit Defined
Chapter 10: Evidence · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 422 defines an affidavit under Oklahoma's Code of Civil Procedure as a written declaration made under oath, given without notice to the opposing party in the case.
Full Text of § 422
Amendment History
R.L. 1910, § 5068.
Plain-English Summary
An affidavit, by this definition, has three features: it's written, it's made under oath, and the person making it doesn't have to notify the opposing party first. That last point separates an affidavit from a deposition, where the adverse party typically gets notice and a chance to attend.
Frequently Asked Questions
What makes a written statement an "affidavit" under Oklahoma law?
It must be written, made under oath, and made without notice to the adverse party.
Does the other side have to be told before someone signs an affidavit?
No. The definition specifically says an affidavit is made without notice to the adverse party.
How does an affidavit differ from a deposition?
A deposition generally involves notice to the other side; an affidavit, as defined here, doesn't require it.
Where can an affidavit be used in an Oklahoma civil case?
Section 431 lists the uses, including verifying a pleading, proving service of process, and supporting a motion.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
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