Title 28Judiciary and Judicial ProcedureRelease 119-73not60

§1746 Unsworn Declarations Under Penalty of Per­jury

Title 28 › Part V— PROCEDURE › Chapter 115— EVIDENCE; DOCUMENTARY › § 1746

Last updated Apr 5, 2026|Official source

Summary

You may use a written unsworn declaration instead of a sworn affidavit when a law or rule asks for a written sworn statement. The declaration must be dated, signed, and say the person believes the statement is true under penalty of perjury. It has the same legal effect as a sworn statement. You cannot use an unsworn declaration for depositions, oaths of office, or oaths that must be given before a specific official other than a notary. If signed outside the United States, the declaration must say it is true under U.S. law. If signed inside the United States, its territories, or possessions, it must say it is true under penalty of perjury.

Full Legal Text

Title 28, §1746

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

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:
(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)”.
(2)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)”.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1746 was renumbered section 1745 of this title.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1746

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60