28 U.S.C. § 1746 — Unsworn declarations under penalty of perjury
submitted 50 years ago by Pub. L. 94-550 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 193 words · no verdicts yet
A person may generally use a signed unsworn declaration under penalty of perjury instead of a sworn written statement. The section gives different forms for declarations made inside and outside the United States.
If United States law or a lawful rule, regulation, order, or requirement requires or permits a matter to be supported or proved by a person’s written sworn declaration, verification, certificate, statement, oath, or affidavit, the person may generally use a written unsworn declaration with the same effect. This does not apply to a deposition, oath of office, or oath required before a specified official other than a notary public. The declaration must be signed as true under penalty of perjury and dated, substantially as follows: (1) Outside 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) Inside 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).”
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:
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 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)”.
Source credit: (Added Pub. L. 94–550, § 1(a), Oct. 18, 1976, 90 Stat. 2534.)
- 1976Enacted · Pub. L. 94-550 · 90 Stat. 2534
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-550 on 1976-10-18.
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