Crystal, blowing off work again–and just when you need her.
Not exciting. Just useful. In October of 1976, Congress passed a barely-noticed housekeeping addition to Title 28, the wide-ranging tome inside the U.S. Code governing federal courts, the Justice Department, jurisdiction, venue, procedure and, ultimately, virtually all types of evidence. 28 U.S.C. Section 1746 is curiously entitled “Unsworn declarations under penalty of perÂjury”.
It allows a federal court affiant or witness to prepare and execute a “declaration”–in lieu of a conventional affidavit–and do that without appearing before a notary. Under Section 1746, the declaration has the same force and effect of a notarized affidavit. Read the 160 word provision–but in most cases it’s simple. At a minimum, the witness at the conclusion of her statement needs to do this:
“I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”.
A “unsworn” declaration with the oath required by section 1746 can be used almost any time you need an affidavit, e.g., an affidavit supporting (or opposing) a summary judgment motion.