Section 1 – Preface
The drafting committee is to determine the feasibility of a uniform state law on “unsworn declarations under penalty of perjury” and to draft such a law in a way that would replicate the purpose and effect of 28 U.S.C. § 1746. The goal is the creation of a statute that would allow litigants in state court proceedings to submit unsworn statements or declarations by foreign affiants, rather than getting such evidence notarized, as is now required, but to do so subject to the respective state’s perjury laws. Therefore, the starting point for the research is 28 U.S.C. § 1746 and the existing state laws, procedural rules, or statutes with similar effect.[2] Twenty-two states with similar laws, statutes, or rules were identified by the American Bar Association’s initial work and were evaluated during the development of this draft report. Of the twenty-two, twelve were eliminated, primarily because each was drafted to serve a specific state purpose or was so distinct from the federal statute that it did not serve the broad needs of a draft uniform statute.[3]
The
remaining state laws, statutes, or rules are from
As previously
noted, the
The California
State Assembly enacted
its law in 1957 to provide a method of admitting unsworn
declarations/statements into state judicial proceedings in a way that the
evidence remained subject to the
Although there is federal law governing the use of
unsworn foreign declarations, the drafting of a uniform law to serve the same
purpose in state court proceedings requires the consideration of areas of the
law that are unique to state courts. Thus, for our purposes, it is better to
focus on a state, rather than a federal, statute. Because the
The next section
discusses the
Section 2 – The
The
§ 2015.5. Certification or Declaration Under Penalty of Perjury
Whenever, under any law of this state or under any rule, regulation, order or requirement made pursuant to the law of this state, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn statement, declaration, verification, certificate, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may with like force and effect be supported, evidenced, established or proved by the unsworn statement, declaration, verification, or certificate, in writing of such person which recites that it is certified or declared by him or her to be true under penalty of perjury, is subscribed by him or her, and (1), if executed within this state, states the date and place of execution, or (2), if executed at any place, within or without this state, states the date of execution and that it is so certified or declared under the laws of the State of California. The certification or declaration may be in substantially the following form:
(a) If executed within this state:
“I certify (or declare) under penalty of
perjury that the foregoing is true and correct”
------------------------------------------ -------------------------------------------
(Date and Place) (Signature)
(b) If executed at any place, within or
without this state:
“I certify (or declare) under penalty of
perjury under the laws of the State of
------------------------------------------ ---------------------------------------------
(Date and Place) (Signature)
The project, though, involves more than just
tweaking and promulgating a model statute. Given that the enactment of the
The committee also should consider the
Section 3 – Additional Statutes for Drafting of Uniform Law
In addition to the
The
92.525. Verification of documents; perjury by false written declaration, penalty
(1) When it is authorized or required by
law, by rule of an administrative agency, or by rule or order of court that a
document be verified by a person, the verification may be accomplished in the
following manner:
(a) Under oath or affirmation taken or
administered before an officer authorized under s. 92.50 to administer oaths;
or
(b) By the signing of the written
declaration prescribed in subsection (2).
(2) A written declaration means the
following statement: “Under penalties of perjury, I declare that I have read
the foregoing [document] and that the facts stated in it are true,” followed by
the signature of the person making the declaration, except when a verification
on information or belief is permitted by law, in which case the words “to the
best of my knowledge and belief” may be added. The written declaration shall be
printed or typed at the end of or immediately below the document being verified
and above the signature of the person making the declaration.
(3)
A person who knowingly makes a false declaration under subsection (2) is guilty
of the crime of perjury by false written declaration, a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) As used in this section:
(a) The term “administrative agency”
means any department or agency of the state or any county, municipality,
special district, or other political subdivision.
(b) The term “document” means any writing
including, without limitation, any form, application, claim, notice, tax
return, inventory, affidavit, pleading, or paper.
(c) The requirement that a document be verified means that the document must be
signed or executed by a person and that the person must state under oath or
affirm that the facts or matters stated or recited in the document are true, or
words of that import or effect.
Research Commentary on the
The
The
The statute allows for the declaration to be in print or type. See id. The statute incorporates a definitions section into the statute for interpretation and application purposes. Finally, note that the Florida statute does not include the exception “(other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public),” which is found in parenthetical or other form in California, federal, and several other state statutes.
The
53-601. Unsworn declarations; written declaration sufficient, form; exceptions; relationship to notarial acts.
(a)
Except as provided by subsection (b), whenever a law of this state or any rules
and regulations, order or requirement adopted or issued thereunder requires or
permits a matter to be supported, evidenced, established or proved by the sworn
written declaration, verification, certificate, statement, oath or affidavit of
a person, such matter may be supported, evidenced, established or proved with
the same force and effect by the unsworn written declaration, verification,
certificate or statement dated and subscribed by the person as true, under
penalty of perjury, in substantially the following form:
(1)
If executed outside this state: “I declare (or verify, certify or state) under
penalty of perjury under the laws of the state of
__________
(Signature)”
(2) If executed in this state: “I declare (or verify, certify or state) under
penalty of perjury that the foregoing is true and correct. Executed on (date).
_________
(Signature)”
(b)
The provisions of subsection (a) do not apply to the following oaths:
(1) An oath of office.
(2) An oath required to be taken before a specified official other than a
notary public.
(3) An oath of a testator or witnesses as required for wills, codicils,
revocations of wills and codicils and republications of wills and codicils.
(c) A notarial act performed prior to the effective date of this act is not
affected by this act. Nothing in this act diminishes or invalidates the
recognition accorded to notarial acts by other laws of this state or rules and
regulations adopted thereunder.
Note: (d) and (e) are omitted as they pertain to effective date of Kansas Statute.
Research Commentary on the
The
In
addition to this exception,
The
Sec. 09.63.020 Certification of documents
(a) A matter required or authorized to be
supported, evidenced, established, or proven by the sworn statement,
declaration, verification, certificate, oath, or affidavit, in writing of the
person making it (other than a deposition, an acknowledgment, an oath of
office, or an oath required to be taken before a specified official other than
a notary public) may be supported, evidenced, established, or proven by the
person certifying in writing “under penalty of perjury” that the matter is
true. The certification shall state the date and place of execution, the fact
that a notary public or other official empowered to administer oaths is
unavailable, and the following:
“I certify under penalty of perjury that
the foregoing is true.”
(b) A person who makes a false sworn certification which the person does not
believe to be true under penalty of perjury is guilty of perjury.
Research Commentary on the
The Alaska statute includes the parenthetical exception “(other than a deposition, an acknowledgment, an oath of office, or an oath required to be taken before a specified official other than a notary public),” just like the statutes supra.
In addition to this common exception
among statutes for consideration, the
Section 4 – Identified Issues for Drafting Committee to Consider
1. Purpose of the exceptions in 28 U.S.C. § 1746, specifically the parenthetical exception “(other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public).”
The
The commentary
references
28 U.S.C. § 1746, as well as the California, Alaska, and
Arizona unsworn declaration statutes, include the parenthetical exception
(“other than deposition, or an oath of office, or an oath required to be taken
before a specified official other than a notary public”) from the statutes’
application. The
Review of the
A review of the individual exceptions
yielded the following possible explanations for why the exceptions were
made. One reason to except depositions
is found in the
The second exception is “oath of office,” which would address individuals whether elected to public office or appointed to a position of public office within the executive or judicial branches of government on the federal or state level. Because these individuals are required to take specific oaths to hold these positions, the exception from the unsworn declaration is understood.[9]
2. Necessity for the
The 94th Congress, in passing Pub. L. No.
94-550, amended several existing statutes, including the federal perjury laws.[10]
As to 28 U.S.C. §1746, the federal unsworn
declaration law, Pub.
L. No. 94-550 included ten amendments to various federal laws pertaining to
perjury to bring them into conformity with 28 U.S.C. §1746.
A review of the
Kan. Stat. Ann.
§ 21-3805(a)(2) speaks directly to
Ariz.
Rev. Stat. Ann. § 13-2702(A)(2) is a classification of one of the two
ways an individual may commit perjury in
A review of
Based upon review of the above, any discussion or adoption of a uniform unsworn declaration statute for states also would need to include discussion of any needed amendments to individual state perjury laws to ensure conformity with the purpose of such a law.
A secondary note to the
3. State courts have refused to
extend the purpose of 28 U.S.C. § 1746 to state court proceedings. This sampling of state cases was identified
by the
O’Such
v. State, 423 So. 2d 317, 318-19 (Ala. Crim. App. 1982) (holding dismissal
of habeas petition was proper where appellant had not verified by oath that
statements true as required by ALA CODE § 15-21-4) distinguished by Ex
parte Corbitt, 468 So. 2d 92 (
Bennett
v. Weimar, 975 P.2d 691, 695-96 (
Griffin v. State, 2002 Tenn. Crim. App. LEXIS 132, at *5-6 (Tenn. Crim. App. 2002) (holding that petitioner’s application for appeal of murder conviction to state supreme court where he verified his own oath on petition did not comply with state procedures).
Guinn
v.
Whatley
v. Ohio State Adult Parole Authority, 2006 WL 1495123 (Ohio App. Ct. 2006)
(affirming dismissal of petitioner’s complaint because statement was not an
affidavit and did not comply with the oath requirements under
Crain
v. State, 914 So.2d 1015 (
4. Issues involving rules of evidence. Listed below are annotations involving evidentiary issues from states with existing unsworn declaration statutes as well as the federal statute.
28 U.S.C. § 1746
A Title VII plaintiff’s document,
submitted in response to the Postal Service’s motion for summary judgment,
titled “EEO Investigative Report” and signed by an Equal Employment Opportunity
(EEO) Complaints Investigator—which document was not sworn, certified, or
notarized, did not contain language similar to form language of statute
authorizing unsworn declarations, was not printed on letterhead, and contained
no insignia or logos of the Postal Service—was inadmissible because much of it
was the plaintiff’s hearsay summary, none of the information was based on
personal knowledge, and it was neither an “affidavit” nor a qualifying
substitute. Lumoa v. Potter,351
F. Supp. 2d 426 (M.D.N.C. 2004).
A letter from a party’s lawyer recounting
a witness’s unsworn statement, on which the witness responded to a request that
he “confirm by signing below that these statements convey an accurate
representation of some of the things that you advised us” by affixing his
notarized signature under the words “I CONFIRM,” failed to satisfy the
statutory requirement that a witness certify the truth of an unsworn statement
by stating that it is “under penalty of perjury” or using other language
substantially similar in form, and thus it was not admissible on a motion for
summary judgment. Network Computing
Servs. Corp. v. Cisco Systems, Inc., 152 Fed. App’x 317, 2005 WL 2857965 (4th
Cir. 2005) (unreported).
California
A testamentary trustee’s petition for
instructions and a beneficiary’s written objections, both verified in the form
of declarations under penalty of perjury, were properly considered as evidence
in a hearing on the petition, absent objection.
In re Estate of Nicholas, 223
The rule that relevant and material but
incompetent and thus inadmissible evidence, received without proper objection
or motion to strike, suffices to establish a fact in support of order or
judgment applies to incompetent statements in affidavits as well as statements
made under penalty of perjury. Nalley’s,
Inc. v. Corona Processed Foods, Inc., 50
The general rule in civil actions is
that, absent statutory authorization, stipulation of the parties, or a waiver
by failure to object, an affidavit or a declaration under penalty of perjury is
not competent evidence; it is hearsay because it is prepared without the
opportunity to cross-examine the affiant.
Windigo Mills v.
A permittee’s
secretary’s declaration as to the effect that suspension of pharmacy permits
would have on the permittee’s customers and that never before had the board
imposed suspension for similar violations constituted inadmissible hearsay. West Romaine Corp. v.
Nevada
The distinction
between an affidavit and a declaration made under penalty of perjury is not
such as to affect substantial rights of parties to driver’s license revocation
proceedings, and thus such declarations may be admitted in lieu of
affidavits. Nev. Rev. Stat. § 50.315,
53.045; State Dep’t of Motor Vehicles v. Bremer, 942 P.2d 145 (
An unsworn written
statement will satisfy the requirement that it be under oath, so as to
constitute a prior inconsistent statement, if it is signed and contains
language such as, “I certify (or declare) under penalty of perjury under the
laws of the State of
The form of the “Smith affidavit”
satisfied the oath requirement of the hearsay exception providing for
substantive admission of a prior inconsistent statement; the series of
declarations included in the affidavit satisfied each of the statutory
requirements setting forth circumstances in which an unsworn form may be
treated as a sworn statement. State
v. Nelson, 874 P.2d 170 (
5. Whether such a law/statute would have an impact upon inmate litigation in states.
The two
It also should be noted that the
Section 5 – History of Unsworn Declarations and this Research Project
In
1957,
Following
the
After
The
Section 5 – Appendixes
Appendix A. The Federal Unsworn Declarations Statute for
Foreign Affiants
28 U.S.C. § 1746. Unsworn declarations under penalty of perjury
Wherever, under any law of the United States or under any rule, regulation,
order, or requirement made pursuant to law, any matter is required or permitted
to be supported, evidenced, established, or proved by the sworn declaration,
verification, certificate, statement, oath, or affidavit, in writing of the
person making the same (other than a deposition, or an oath of office, or an
oath required to be taken before a specified official other than a notary
public), such matter may, with like force and effect, be supported, evidenced,
established, or proved by the unsworn declaration, certificate, verification,
or statement, in writing of such person which is subscribed by him, as true
under penalty of perjury, and dated, in substantially the following form:
(1) If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Executed on
___________________________(date)._____________________________(Signature).”
(2) If executed within the
Executed on
___________________________(date)._____________________________(Signature).”
Appendix B. Identified State Laws Not as Suitable for Drafting Project
The twelve
state laws, rules, and statutes in this section initially were eliminated
because the form and construction of each was so uniquely different from the
federal statute for a variety of reasons.
However, during the course of drafting, these state laws, particularly
the policy concerns addressed by the
(g) Declaration in lieu of affidavit. In lieu of an affidavit, an unsworn declaration may be made by a person, in writing, subscribed as true under penalty of law, and dated, in substantially the following form:
I, (name of person), do declare under penalty of law that the foregoing is true and correct.
Dated:
_________________________________
(Signature)
Research Commentary
on the
The
§ 1-109. Verification by certification.
Unless otherwise expressly provided by rule of the Supreme Court, whenever in
this Code any complaint, petition, answer, reply, bill of particulars, answer
to interrogatories, affidavit, return or proof of service, or other document or
pleading filed in any court of this State is required or permitted to be
verified, or made, sworn to or verified under oath, such requirement or
permission is hereby defined to include a certification of such pleading,
affidavit or other document under penalty of perjury as provided in this
Section.
Whenever any such pleading, affidavit or other
document is so certified, the several matters stated shall be stated positively
or upon information and belief only, according to the fact. The person or
persons having knowledge of the matters stated in a pleading, affidavit or
other document certified in accordance with this Section shall subscribe to a
certification in substantially the following form: Under penalties as provided
by law pursuant to Section 1-109 of the Code of Civil Procedure, the
undersigned certifies that the statements set forth in this instrument are true
and correct, except as to matters therein stated to be on information and
belief and as to such matters the undersigned certifies as aforesaid that he
verily believes the same to be true.
Any pleading, affidavit or other document
certified in accordance with this Section may be used in the same manner and
with the same force and effect as though subscribed and sworn to under oath.
Any
person who makes a false statement, material to the issue or point in question,
which he does not believe to be true, in any pleading, affidavit or other
document certified by such person in accordance with this Section shall be
guilty of a Class 3 felony.
Research Commentary
on the
The
Rule 11. Signing and verification of pleadings
(A) Parties Represented by Attorney.
Every pleading or motion of a party represented by an attorney shall be signed
by at least one [1] attorney of record in his individual name, whose address,
telephone number, and attorney number shall be stated, except that this
provision shall not apply to pleadings and motions made and transcribed at the
trial or a hearing before the judge and received by him in such form. A party
who is not represented by an attorney shall sign his pleading and state his
address. Except when specifically required by rule, pleadings or motions need
not be verified or accompanied by affidavit. The rule in equity that the
averments of an answer under oath must be overcome by the testimony of two [2]
witnesses or of one [1] witness sustained by corroborating circumstances is
abolished. The signature of an attorney constitutes a certificate by him that
he has read the pleadings; that to the best of his knowledge, information, and
belief, there is good ground to support it; and that it is not interposed for
delay. If a pleading or motion is not signed or is signed with intent to defeat
the purpose of the rule, it may be stricken as sham and false and the action
may proceed as though the pleading had not been served. For a wilful violation
of this rule an attorney may be subjected to appropriate disciplinary action.
Similar action may be taken if scandalous or indecent matter is inserted.
(B) Verification by affirmation or
representation. When in connection with any civil or special statutory
proceeding it is required that any pleading, motion, petition, supporting
affidavit, or other document of any kind, be verified, or that an oath be
taken, it shall be sufficient if the subscriber simply affirms the truth of the
matter to be verified by an affirmation or representation in substantially the
following language:
“I
(we) affirm, under the penalties for perjury, that the foregoing
representation(s) is (are) true.
(Signed) ____________”
Any person who falsifies an affirmation or representation of fact shall be
subject to the same penalties as are prescribed by law for the making of a
false affidavit.
(C) Verified pleadings, motions, and
affidavits as evidence. Pleadings, motions and affidavits accompanying or in
support of such pleadings or motions when required to be verified or under oath
shall be accepted as a representation that the signer had personal knowledge
thereof or reasonable cause to believe the existence of the facts or matters
stated or alleged therein; and, if otherwise competent or acceptable as
evidence, may be admitted as evidence of the facts or matters stated or alleged
therein when it is so provided in these rules, by statute or other law, or to
the extent the writing or signature expressly purports to be made upon the
signer’s personal knowledge. When such pleadings, motions and affidavits are
verified or under oath they shall not require other or greater proof on the
part of the adverse party than if not verified or not under oath unless
expressly provided otherwise by these rules, statute or other law. Affidavits
upon motions for summary judgment under Rule 56 and in denial of execution
under Rule 9.2 shall be made upon personal knowledge.
Research Commentary on the
The
622.1. Certification under penalty of perjury
1. When the laws of this state or any
lawful requirement made under them requires or permits a matter to be supported
by a sworn statement written by the person attesting the matter, the person may
attest the matter by an unsworn written statement if that statement recites
that the person certifies the matter to be true under penalty of perjury under
the laws of this state, states the date of the statement’s execution and is
subscribed by that person. This section does not apply to acknowledgments where
execution is required by law, to a document which is to be recorded under chapter
558 or to a self-proved will under section 633.279, subsection 2.
2. The certification described in
subsection 1 may be in substantially the following form:
I certify under penalty of perjury and
pursuant to the laws of the state of
___________________________________ ___________________________________Date Signature
Research Commentary on the
The
While the
RULE 1-202. DEFINITIONS.
In these rules the following definitions apply except as expressly otherwise provided or as necessary implication requires:
(b) Affidavit. “Affidavit” means a written statement the contents of which are affirmed under the penalties of perjury to be true. Unless the applicable rule expressly requires the affidavit to be made on personal knowledge, the statement may be made to the best of the affiant’s knowledge, information, and belief.
Research Commentary on the
The
1A. Statements containing declaration relative to penalties of perjury; verification; false statements.
No written statement required by law shall be required to be verified by oath or affirmation before a magistrate if it contains or is verified by a written declaration that it is made under the penalties of perjury. Whoever signs and issues such a written statement containing or verified by such a written declaration shall be guilty of perjury and subject to the penalties thereof if such statement is wilfully false in a material matter.
Mass. Sup. Jud. Ct. R. 2:06.
RULE
(Applicable to criminal cases.)
No written statement in any proceeding in this court required to be verified by affidavit shall be required to be verified by oath or affirmation if it contains or is verified by a written declaration that it is made under the penalties of perjury.
Mass.
Sup. Jud. Ct. R. 15.
RULE 15. ELIMINATING REQUIREMENT FOR VERIFICATION BY AFFIDAVIT
(Applicable to all cases)
No written statement in any proceeding in this court required to be verified by affidavit shall be required to be verified by oath or affirmation if it contains or is verified by a written declaration that it is made under the penalties of perjury.
Research Commentary on the
§
524.1-310. Verification of filed documents
Every
document filed with the court under this chapter or chapter 525 shall be
verified except where the requirement of verification is waived by rule and
except in the case of a pleading signed by an attorney in accordance with the
rules of civil procedure. Whenever a document is required to be verified:
(1) such verification may be made by the unsworn written declaration of the
party or parties signing the document that the representations made therein are
known or believed to be true and that they are made under penalties for
perjury, or
(2) such verification may be made by the affidavit of the party or parties
signing the document that the representations made therein are true or believed
to be true.
A party who makes a false material statement not believing it to be true in a
document the party verifies in accordance with the preceding sentence and files
with the court under this chapter or chapter 525 shall be subject to the
penalties for perjury.
Research Commentary on the
The
Missouri
509.30. Pleading attributed, by whom
Every pleading of a party represented by an attorney shall be attributed to at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall affix his name to his pleading and state his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. Pleadings shall be attributed to a party or attorney or signed in the manner provided by supreme court rule. Any statutory requirement that pleadings be signed by any person shall be satisfied by compliance with such rules. Any statutory requirement that pleadings be acknowledged under oath, verified or notarized may be satisfied by a declaration that the pleading is made under penalty of perjury.
Research Commentary
on the
The
New
Jersey
1:4-4. Affidavits
(a) Form. Every affidavit shall run in
the first person and be divided into numbered paragraphs as in pleadings. The
caption shall include a designation of the particular proceeding the affidavit
supports or opposes and the original date, if any, fixed for hearing. Ex parte
affidavits may be taken outside the State by a person authorized to take
depositions under R.
(b) Certification in Lieu of Oath. In lieu of the affidavit,
oath or verification required by these rules, the affiant may submit the
following certification which shall be dated and immediately precede the
affiant’s signature: “I certify that the foregoing statements made by me are
true. I am aware that if any of the foregoing statements made by me are
wilfully false, I am subject to punishment.”
(c) Facsimile Signature. If the affiant is not
available to sign an affidavit or certification, it may be filed with a
facsimile of the original signature provided the attorney offering the document
certifies that the affiant acknowledged the genuineness of the signature and
that the document or a copy with an original signature affixed will be filed if
requested by the court or a party.
Research Commentary
on the
The
New
York
Rule 2106. Affirmation of truth of
statement by attorney, physician, osteopath or dentist
The statement of an attorney admitted to
practice in the courts of the state, or of a physician, osteopath or dentist,
authorized by law to practice in the state, who is not a party to an action,
when subscribed and affirmed by him to be true under the penalties of perjury,
may be served or filed in the action in lieu of and with the same force and
effect as an affidavit.
Research Commentary
on the
The
Pennsylvania
Rule 76. Definitions
The following words and phrases when used
in the Rules of Civil Procedure shall have the following meanings,
respectively, unless the context clearly indicates otherwise or the particular
word or phrase is expressly defined in the chapter in which the particular rule
is included:
“affidavit,”
a statement in writing of a fact or facts, signed by the person making it, that
either (1) is sworn to or affirmed before an officer authorized by law to
administer oaths, or before a particular officer or individual designated by
law as one before whom it may be taken, and officially certified to in the case
of an officer under seal of office, or (2) is unsworn and contains a statement
that it is made subject to the penalties of 18 Pa.C.S. § 4904 relating to
unsworn falsification to authorities;
“verified,”
when used in reference to a written statement of fact by the signer, means
supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S.
§ 4904 relating to unsworn falsification to authorities;
Research Commentary
on the
The
definition of “affidavit” under the Pennsylvania Rules of Civil Procedure
includes an unsworn statement that is made subject to the Commonwealth’s
perjury laws. There is no specific
statute, but instead an allowance of unsworn declarations/statements via the
definitions section. Therefore, the
Texas
§ 132.001. Use by Inmates in Lieu of Sworn Declaration
(a) Except as provided by Subsection (b),
an unsworn declaration made as provided by this chapter by an inmate in the
Texas Department of Corrections or in a county jail may be used in lieu of a
written sworn declaration, verification, certification, oath, or affidavit
required by statute or required by a rule, order, or requirement adopted as
provided by law.
(b) This chapter does not apply to an
oath of office or an oath required to be taken before a specified official
other than a notary public.
§ 132.002. Requirements of Declaration
An unsworn declaration made under this
chapter must be:
(1) in writing; and
(2) subscribed by the
person making the declaration as true under penalty of perjury.
§ 132.003. Form of Declaration
The
form of a declaration under this chapter must be substantially as follows:
“I, (insert name and
inmate identifying number from Texas Department of Corrections or county jail),
being presently incarcerated in (insert Texas Department of Corrections unit
name or county jail name) in ______________ County, Texas, declare under
penalty of perjury that the foregoing is true and correct. Executed on (date).
(signature)”
Research Commentary
on the
The
Appendix C. State Statutes Similar to the
The six state laws in this appendix
are all similar to the
Rule 80(i). Unsworn Declarations Under Penalty of Perjury
Wherever, under any of these rules, or
under any rule, regulation, order, or requirement made pursuant to these rules,
any matter is required or permitted to be supported, evidenced, established, or
proved by the sworn written declaration, verification, certificate, statement,
oath, or affidavit of the person making the same (other than a deposition, or an
oath of office, or an oath required to be taken before a specified official
other than a notary public), such matter may, with like force and effect, be
supported, evidenced, established, or proved by the unsworn written
declaration, certificate, verification, or statement, subscribed by such person
as true under penalty of perjury, and dated, in substantially the following
form:
“I declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).
(Signature).”
Research Commentary
on the
The
53.045. Use of unsworn declaration in lieu of affidavit or other sworn
declaration
Any matter whose existence or truth may
be established by an affidavit or other sworn declaration may be established
with the same effect by an unsworn declaration of its existence or truth signed
by the declarant under penalty of perjury, and dated, in substantially the
following form:
1. If executed in this State: “I declare
under penalty of perjury that the foregoing is true and correct.”
Executed
on.......................................(date).................................(signature)
2. If executed outside this State: “I
declare under penalty of perjury under the law of the State of
Executed
on.......................................(date).................................(signature)
Research Commentary on the
The
§ 426. Statement under
penalty of perjury
Whenever, under any law of Oklahoma or
under any rule, order, or requirement made pursuant to the law of Oklahoma, any
matter is required or permitted to be supported, evidenced, established, or
proved by the sworn statement, declaration, verification, certificate, oath, or
affidavit, in writing of the person making the same (other than a deposition,
or any oath of office, or an oath required to be taken before a specified
official other than a notary public), the matter may with like force and effect
be supported, evidenced, established, or proved by the unsworn statement in
writing of the person made and signed under penalty of perjury setting forth
the date and place of execution and that it is made under the laws of Oklahoma.
The statement under penalty of perjury may be substantially in the following
form:
“I state under penalty of perjury under
the laws of
___________________________________ ___________________________________
(Date and Place) (Signature)”
The signed statement under penalty of
perjury shall constitute a legally binding assertion that the contents of the
statement to which it refers are true. This section shall not affect any
requirement for acknowledgment of an instrument affecting real property.
Research Commentary on the
The
§ 8.01-4.3. Unsworn declarations under penalty of perjury; penalty
If a matter in any judicial proceeding or
administrative hearing is required or permitted to be established by a sworn
written declaration, verification, certificate, statement, oath, or affidavit,
such matter may, with like force and effect, be evidenced, by the unsworn
written declaration, certificate, verification, or statement, which is
subscribed by the maker as true under penalty of perjury, and dated, in
substantially the following form:
“I declare (or certify, verify or state)
under penalty of perjury that the foregoing is true and correct.”
This section shall not apply to a
deposition, an oath of office, or an oath required to be taken before a
specified official other than a notary public.
Research Commentary on the Virginia Statute.
The
9A.72.085. Unsworn statements, certification
Whenever, under any law of this state or
under any rule, order, or requirement made under the law of this state, any
matter in an official proceeding is required or permitted to be supported,
evidenced, established, or proved by a person’s sworn written statement,
declaration, verification, certificate, oath, or affidavit, the matter may with
like force and effect be supported, evidenced, established, or proved in the
official proceeding by an unsworn written statement, declaration, verification,
or certificate, which:
(1) Recites that it is certified or
declared by the person to be true under penalty of perjury;
(2) Is subscribed by the person;
(3) States the date and place of its
execution; and
(4) States that it is so certified or
declared under the laws of the state of Washington.
The certification or declaration may be
in substantially the following form:
“I certify (or declare) under penalty of
perjury under the laws of the State of
.............................. ..............................
(Date and Place) (Signature)
This section
does not apply to writings requiring an acknowledgement, depositions, oaths of
office, or oaths required to be taken before a special official other than a
notary public.
Research Commentary on the
The
§ 39-1-10a. Verification by written statement under certain conditions
Any certificate, return, form, statement,
or other document which is required by the State of West Virginia, or any
office, department or agency thereof, and which does not require an
acknowledgment under this article or other laws of recordation of the State of
West Virginia, may be verified by written declaration that it is made under the
penalties of perjury and such declaration shall be in lieu of any oath
otherwise required.
Any person making any false statement in
any certificate, return, statement, or other document verified by such written
declaration shall be subject to the same penalties as would be applicable had
the same been verified by oath duly taken and acknowledged.
Research Commentary
on the
As drafted,
the
Appendix D. The American Bar Association Resolution and
Report
AMERICAN BAR ASSOCIATION
ADOPTED BY THE HOUSE OF
DELEGATES
RECOMMENDATION