Investigations have a sacrosanct aspect that largely decides how litigation will pan out. To uphold the uprightness of investigation, the army uses DA Form 2823 or a sworn statement to obtain witness statements and evidence. Synonymous to legal forms, DA 2823 requires special filling instructions. This article succinctly informs you what you need to know about form 2823 and how to fill it. We dissect the legal parlance of the form and lay it bare for you. Let’s get right into it.
What Is A DA Form 2823 “Sworn Statement”?
Department of Army (DA) form 2823 “sworn statement” is a US Army issued form that law enforcement agencies use to record witness statements and evidence for formal and informal investigations. The form details personal information, the statement, and relevant evidence. You can access the form on the Army Publishing Directorate website or its affiliates. Also, you can source it from online template providers.
Note: All law enforcement units accept form 2823. Ensure you fill it correctly to avoid legal action that a particular law enforcement unit may pursue if they notice discrepancies.
Who Needs A DA Form 2823?
A sworn statement protects both parties involved in evidence provision and statement taking. Witnesses use the form to record their sworn statements, and investigation officers administer the form to record the statements under oath and direct the filling process to prevent witnesses cluttering the form with unnecessary information to the investigation. However, the form can also record evidence for unofficial investigation. The form aids in record keeping which law enforcement agencies can use in a court of law or support relevant legal action in future dates.
How to Fill a DA Form 2823?
Form 2823 is a sworn statement and requires some knowledge of the filling process to make the filling process seamless and avoid errors. Here’s a step by step guide to filling out DA form 2823:
- Prepare all the necessary information you need for the statement. Gather solid proof and ensure the witness provides all the information if their evidence is through word of mouth. Note down all the information before you source a form. After preparing, download the DA form 2823 from the Army Publishing Directorate website or fill it out online on the template platform of your choice.
- From boxes 1 to 4, the witness will provide general information crucial to the investigation, including time, date, location, and file number.
- Warning: Sworn statements can be legally binding. Providing falsified information is an offense and may be punishable by law.
- From boxes 5 to 8, the witness provides the legal name, social security number, rank, contact information, and organization or address.
- Proceed to box 9, where the applicant initials their name in the designated section. The signature section is usually on the first page; however, if the statement exceeds one page, proceed to the next page and initial the first page. Also, fill the uppermost part with the page number. After filling the form, proceed to the Affidavit section, where the witness will sign on the dotted lines after taking the statement printed or handwritten. The officer or authority who will be taking the statement will also sign. You may need notary information for even more validity of the sworn statement.
When Filing DA Form 2823
- Write legibly. Write in clear handwriting if the form is handwritten or use a legal font such as Times New Roman 12pt when typing the form.
- Find a reliable witness. Find a witness with a trustworthy personality who can testify when it comes down to trial.
- Read through the form carefully before submitting it. Remove any errors you may have made unknowingly and ensure the information is true to the best of your knowledge.
- Always prepare your information in advance to avoid lengthy statement-taking. Scribe notes on the statement’s appearance beforehand, then write the final draft on DA form 2823.
The officer in charge of taking DA form 2823 signs the form. However, the appointee must be authorized by local regulations. The designated individual will strike the “For the Commander” section and sign against the line.
Yes, the DA form 2823 regulations stipulate that the witness must be present when taking the statement and signing on the affidavit with the swearing individual. The affidavit section is usually on the second page of the document.
The army regulations cover DA form 2823. You can find the regulations on the Army Publishing Directorate website. You will need a PDF viewer to view them since they are Adobe PDF files.
Different law enforcement units can use a sworn statement. However, administering the statement is limited to a specific cadre. The active or inactive duty training personnel that can administer the form are:
ᐅ Navy, Marine, Corps, and Coast Guard commanders
ᐅ Designees regulated by the regulations of the armed forces
ᐅ Recruiting officers, counsel for court of inquiry, counsel for court-martial, and officers designated to undertake an investigation acting in their capacity may also administer the sworn statement form.
Yes, sworn statements can be handwritten or typed. However, remember to sign or use a proper online signature tool to affix your signature.
Not necessarily. Notarized means you have taken the statement under oath that the statements herein are true in the presence of a notary public. There are different regulations to what counts as a notary public. But ideally, two witnesses with a sound mind and legal age fill the bill.
Sworn statements record the evidence and witness statements relevant to an investigation. Utilize DA Form 2823 to guide the statement-taking process and file official records to reference in future dates and investigations also. Ensure you uphold the integrity the form has when filling it.