“Declarations” as Substitutes for Affidavits

We’ve mentioned declarations in lieu of affidavits before. In 1976 Congress passed a barely-noticed housekeeping addition to Title 28, the U.S. Code provisions on federal courts. 28 USC section 1746 allows witnesses to prepare and execute affidavits without appearing before a notary. But many lawyers who practice in federal courts don’t know about its existence. An un-notarized “declaration” with the simple oath required by section 1746 can be used any time you need an affidavit, e.g., an affidavit supporting (or opposing) a summary judgment motion. The declaration has the same force and effect of a “regular” notarized affidavit–and saves witnesses and lawyers the time, cost and aggravation of getting statements notarized.