A California sworn statement usually does not need a notary. Under Code of Civil Procedure Section 2015.5, a written declaration you sign under penalty of perjury carries the same legal force as a notarized affidavit for nearly every court filing and government submission in the state.1California Legislative Information. California Code CCP 2015.5 The tradeoff is straightforward: the process is simpler, but lying in the document is a felony punishable by two to four years in state prison.
Declaration or Affidavit
Two document types share the label “sworn statement,” and picking the right one saves a trip to the notary.
A declaration is an unsworn written statement in which you affirm the contents are true under penalty of perjury. You sign it yourself, include the statutory language, and file it. No notary, no witnesses, no oath administered by anyone else.
An affidavit requires you to appear before a notary public or other authorized officer, take a formal oath, and sign while the notary watches. The notary then completes a jurat certifying the oath and signature. Because declarations are faster and cheaper, California courts and attorneys use them for the overwhelming majority of filings. Affidavits are reserved for the narrow set of situations where a statute or agency demands notarization.
What Makes a Declaration Valid
A California declaration must contain three components to hold up in court. Miss any one and the document has no legal force, which can mean a denied motion or a rejected filing.
- Your personal signature. The statute requires the document to be “subscribed” by the person making it.
- The date of execution, and — if you sign inside California — the place of execution, meaning the city and state.
- The specific penalty-of-perjury language required by CCP 2015.5.
The wording depends on where you sign.
Signing Inside California
Use this exact language: “I certify (or declare) under penalty of perjury that the foregoing is true and correct.” Include the date and place of execution alongside your signature.1California Legislative Information. California Code CCP 2015.5
Signing Outside California
If you sign from another state or country, the language must reference California law: “I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” This version requires the date but replaces the place requirement with the California law reference. Without the “under the laws of the State of California” phrase, an out-of-state declaration is invalid for California proceedings.1California Legislative Information. California Code CCP 2015.5
Personal Knowledge, Competency, and Exhibits
A declaration is not a place for rumor or speculation. In civil proceedings like summary judgment motions, the statement must be based on your personal knowledge, contain facts that would be admissible as evidence, and show that you are competent to testify about the subject. Courts routinely strike declarations that recite hearsay or state conclusions without factual support.
Competency to sign tracks the same standard as competency to testify. Under California Evidence Code Section 701, a person is disqualified if they cannot express themselves so as to be understood, or cannot understand the duty to tell the truth.2California Legislative Information. California Code EVID 701 No minimum age applies, but both prongs must be met.
When you need to attach documents such as contracts, photographs, or medical records, label them as numbered exhibits and identify each one in the body of the declaration. A standard phrasing looks like this: “Attached as Exhibit A is a true and correct copy of the lease agreement dated March 15, 2025.” That sentence identifies the document and authenticates it through your personal knowledge. Without that foundation, an exhibit is unverified paper the court can ignore.
When You Still Need a Notary
CCP 2015.5 lists three situations where a declaration cannot substitute for a notarized affidavit: depositions, oaths of office, and any oath that a statute requires to be taken before a specified official other than a notary public.1California Legislative Information. California Code CCP 2015.5 In those situations, you need the full notarization process.
Individual agencies also impose their own notarization requirements. The California Department of Public Health requires a notarized sworn statement to request an authorized certified copy of a birth certificate.3California Department of Public Health. How to Obtain a Certified Copy of a Birth Record The same is true for amending a birth record.4California Department of Public Health. Application to Amend a Birth Record Before preparing any sworn statement, check whether the receiving court or agency has a rule that overrides the general declaration option.
Common Uses
Civil Motions and Court Filings
Declarations are the backbone of California motion practice. Requests for temporary restraining orders, motions to compel discovery, oppositions to summary judgment — nearly all of them need factual support in the form of a declaration. Many Judicial Council forms used in family law and small claims already have the penalty-of-perjury language printed at the bottom, so you are signing a declaration whether you realize it or not.
Proof of Service
After delivering legal papers to the opposing party, you need a declaration proving it happened. A proof of service declaration identifies the document served, names the person who made the delivery, gives that person’s address, and confirms they are over 18 and not a party to the case. Required details vary by method: personal delivery versus service by mail each has its own list.5Legal Information Institute. Cal. Code Regs. Tit. 1, 1008 – Service; Proof of Service
Small Estate Collection
When a California estate is small enough, heirs can skip formal probate by using a sworn statement. For deaths on or after April 1, 2025, the estate must be valued at $208,850 or less, excluding certain joint-tenancy and trust property.6California Courts. DE-300 Maximum Values for Small Estate Set-Aside and Disposition The affidavit or declaration must include the decedent’s name, date and place of death, a statement that at least 40 days have passed, a description of the property being claimed, and the declarant’s relationship as a successor. A certified copy of the death certificate must be attached.7California Legislative Information. California Probate Code 13101 The threshold adjusts periodically, so verify the current limit before filing.
What Happens If You Lie
Knowingly stating something false in a declaration or affidavit is perjury under California Penal Code Section 118. The statute covers anyone who “willfully states as true any material matter which he or she knows to be false,” whether under a formal oath or in a declaration signed under penalty of perjury.8California Legislative Information. California Code PEN 118 The word “material” does work here: the false statement must relate to something significant in the proceeding, not a trivial detail.
Perjury is a felony. Penal Code Section 126 sets the punishment at two, three, or four years in state prison.9California Legislative Information. California Code PEN 126 A court can also strike the false declaration, sanction the filer, and draw adverse inferences against them for the rest of the case. If you are uncertain about a fact, say so in the declaration rather than asserting it as true.
Federal Court Filings in California
If you are filing in a federal court located in California, federal law governs instead of CCP 2015.5. Under 28 U.S.C. § 1746, an unsworn declaration signed within the United States uses this wording: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).”10Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury Federal declarations require a date and signature but no place of execution.
Using the California formula in a federal filing, or the federal formula in state court, risks rejection. If you are filing in both systems, match each declaration to the court that will receive it.
Fixing Mistakes
California takes a strict approach to corrections. Once a declaration is signed and filed, or an affidavit is notarized, you generally cannot cross out errors and initial the changes. The proper fix is a new document. For court declarations, that usually means drafting an amended or supplemental declaration that identifies and corrects the error. For notarized affidavits, you restart the notarization with a fresh document. The better path is to catch errors before signing: read every factual assertion against the underlying records before you put your name on the page.