Unsworn declarations under penalty of perjury Please note – in all events, both an Affidavit and unsworn Declaration must be based on the personal knowledge of the person signing.Ģ8 U.S.C. These statutes show that a sworn declaration is just as effective as a notarized Affidavit. I have read the foregoing (document name) and “Under penalties of perjury, I declare that The Declaration must contain the following statement at the end of or immediately below the document and above the signature of the person making the declaration: In Florida, an unsworn Declaration may be used in lieu of a notarized affidavit. Similarly, many states have statutes allowing the use of unsworn declarations. “I declare (or certify, verify, or state) under Under federal law, the Declaration must contain the following specific language if executed within the United States, its territories, or Commonwealth: A Declaration under penalty of perjury has the same force and effect as a notarized Affidavit. § 1746 may be used in lieu of a notarized Affidavit. In federal court, a Declaration under penalty of perjury pursuant to 28 U.S.C. Both federal law and many states have statutes covering this issue. Is a notarized Affidavit a required step for every sworn document filed in Court to be valid? The surprising answer is no. During this pandemic, with most people working remotely, obtaining a notarized signature is difficult. An Affidavit, typically signed by the client representative, must be notarized in their presence by a notary. Share Using Unsworn Declarations Instead of Notarized Affidavits Allowed Under Both State and Federal LawĪffidavits and Notarized Signatures – Is there another way?Īffidavits are often used in support of certain actions filed in both state and federal courts.
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