An unsworn declaration under penalty of perjury is a signed, dated written statement that, by including specific statutory language, carries the same legal force as a notarized affidavit in federal matters. You write what you have to say, add the required closing sentence, sign, and date it. No notary, no appointment, no fee. The tradeoff is simple: skip the notary, keep the criminal exposure. Lying in the document is federal perjury.
What the Document Must Contain
The authority sits in 28 U.S.C. § 1746. Whenever federal law, rule, or regulation calls for a sworn written statement, you can substitute an unsworn declaration if it is in writing, signed, dated, and includes language stating that you sign under penalty of perjury.1Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury
The statute gives two closing forms. If you sign inside the United States (including territories and commonwealths), use: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date]. [Signature].” If you sign outside the country, add the phrase “under the laws of the United States of America” after “penalty of perjury.”1Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury The statute says “substantially the following form,” so small wording differences will not automatically kill the document. Straying far from the template is a bad bet.
How It Differs From an Affidavit
The procedural difference is a single step: notarization. An affidavit requires you to appear before a notary public or other authorized official who checks your identity, watches you sign, and administers an oath or affirmation. That means a fee, an appointment, and often travel.
An unsworn declaration removes all of that. The legal effect is identical. Federal courts treat the declaration “with like force and effect” as a sworn affidavit.1Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury For people in rural areas, overseas, or with limited mobility, that convenience is real.
When You Cannot Use One
Section 1746 lists three categories where a declaration will not substitute for a sworn statement:1Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury
- Depositions. Testimony taken during discovery must still be given under oath administered by a court reporter or other authorized officer.
- Oaths of office. If you are being sworn into a government position, a declaration will not do.
- Oaths required before a specified official other than a notary public. Some proceedings require you to swear before a particular official, such as a judge or consular officer. The declaration cannot replace those either.
State law adds its own limits. Documents that get recorded with a county clerk, including property deeds and liens, typically still need a notary. Wills generally require witnesses and sometimes notarization, depending on the state, and a declaration will not satisfy those rules. The practical test: if the governing law requires an oath before a designated official, you need the oath.
Where Declarations Are Commonly Accepted
Federal Court Filings
Declarations are standard in federal court. You can use one to present facts supporting a motion, authenticate a document, or provide a witness statement. The Federal Rules of Civil Procedure explicitly allow unsworn declarations to support or oppose a motion for summary judgment.2Legal Information Institute. Federal Rules of Civil Procedure Rule 56 – Summary Judgment
Tax Returns
Every federal tax return you sign operates as an unsworn declaration. Under 26 U.S.C. § 6065, any return, statement, or document required under the tax code must contain or be verified by a written declaration made under the penalties of perjury.3Office of the Law Revision Counsel. 26 USC 6065 – Verification of Returns The jurat above the signature line on your 1040 is doing that work. Crossing it out or altering it can make the IRS treat the return as invalid, with penalties for failure to file.4Internal Revenue Service. Revenue Ruling 2005-18
Patent Applications
The U.S. Patent and Trademark Office accepts written declarations in place of sworn oaths when filing patent applications and related documents.5United States Patent and Trademark Office. Manual of Patent Examining Procedure Section 602 – Oaths and Declarations
Immigration Filings
Petitions and applications filed with U.S. Citizenship and Immigration Services routinely include declarations providing factual support, whether documenting a marriage, describing country conditions, or corroborating an asylum applicant’s account. Federal regulations governing immigration proceedings reference 28 U.S.C. § 1746.
What Happens if You Lie
Lying in an unsworn declaration is federal perjury. Section 1746 ties directly into 18 U.S.C. § 1621, which punishes anyone who “willfully subscribes as true any material matter which he does not believe to be true” in a declaration under penalty of perjury.6Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally The false statement has to be material, meaning relevant to the proceeding. Courts read “material” broadly and have upheld convictions for falsehoods that could have influenced a decision even if they did not.
A perjury conviction carries up to five years in prison.6Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally Under the general federal sentencing provisions for felonies, fines can reach $250,000 for an individual.7Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine These are the same penalties for lying under oath in a courtroom. The missing notary does nothing to soften them.
Civil sanctions are the more common consequence. A federal court that finds a party or attorney submitted a declaration containing false representations can impose penalties under Federal Rule of Civil Procedure 11, including monetary sanctions, an order to pay the other side’s attorney’s fees, or non-monetary directives such as mandatory retraining. A sanction order must describe the conduct that triggered it and explain the court’s reasoning.8Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions Rule 11 is where most consequences actually land, because showing a court that someone played loose with the facts is easier than proving criminal perjury beyond a reasonable doubt.
State Court Use
Section 1746 governs only matters arising under federal law. Whether an unsworn declaration works in state court depends on your state. A large majority of states now recognize some form of unsworn declaration, through their own statutes or through court rules, and additional states have adopted versions of the Uniform Unsworn Declarations Act. The trend is toward broader acceptance.
The details vary. Some states mirror the federal language closely. Others add requirements or restrict which proceedings accept declarations. A few still require notarized affidavits for most court filings. Before submitting a declaration in a state proceeding, confirm that the state’s rules of civil procedure or evidence code specifically authorize it. Filing the wrong type of document can get your evidence excluded at the moment you need it most.