Under 28 U.S.C. section 1746, an unsworn declaration signed under penalty of perjury has the same effect as a sworn affidavit in federal proceedings. It must include the statutory language and be dated.
Many states have adopted analogous provisions.
Alternative Names:
Unsworn Declaration, Declaration Under Penalty of Perjury
Why it Matters?
Declarations eliminate the notary requirement, which matters for remote and out-of-state witnesses where arranging notarization creates delay. The statutory language is mandatory and its omission is a recurring defect, since a declaration lacking the penalty of perjury attestation has no evidentiary effect. The substantive requirements of personal knowledge and admissible facts apply identically to affidavits.
Frequently Confused with
Related terms
Frequently asked questions
What language must a declaration include?
Are declarations accepted everywhere?
