If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”. (Added Pub. L. 94–550, § 1 (a), Oct. 18, 1976, 90 Stat. 2534.)

Nov 14, 2014 · There are two different but equally valid ways that a witness can give written evidence in the United States District Courts. The two ways are: by unsworn declaration, signed with a statement that the unsworn declaration is made under penalty of perjury in accordance with the requirements of 28 USC § 1746.

Is a notarized Affidavit a required step for every sworn document filed in Court to be valid? The surprising answer is no. Both federal law and many states have statutes covering this issue. In federal court, a Declaration under penalty of perjury pursuant to 28 U.S.C. § 1746 may be used in lieu of a notarized Affidavit.

Section 1746 declarations are prosecutable as perjury, even though the law did not require the original declaration under penalty of perjury, to be sworn. United States v. Gomez-Vigil, 929 F.2d 254, 257 (6th Cir. 1991). These declarations may be scrutinized by the courts.

Both 28 U.S.C. § 1746 and LCvR 5.1 (h) require explicitly that all jurats for unsworn declarations contain the following language: “I declare under penalty of perjury that the foregoing is true and correct.”

Unsworn declarations under penalty of perjury. (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)".

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.

Feb 15, 2025 · If a paper or part of a paper is referred to in an affidavit, a sworn or certified copy must be attached to or served with the affidavit. The court may permit an affidavit to be supplemented or opposed by depositions, answers to interrogatories, or additional affidavits.

I next saw Mr. Roe on August 31, 1983, at the United States District Court in Miami, Florida, where he was being arraigned on charges of using the United States Mail to defraud.

to testify to the matters stated therein.” FED. R. CIV. P. 56(e). In lieu of an affidavit sworn under oath, federal law allows an “unsworn declaration, certificate, verification, or statement, in writing, of [a] person which is subscribed by him, as true under penalty of perjury, and dated” to. ave the same force and effect as an affid.