A sworn declaration (also called a ''sworn statement'' or a ''statement under penalty of perjury'') is a document that recites facts pertinent to a legal proceeding. It is very similar to an

affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...

but is not witnessed and sealed by an official such as a notary public. Instead, the person making the declaration signs a separate endorsement paragraph at the end of the document, stating that the declaration is made under penalty of

perjury Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...

. In legal proceedings, generally, facts that rely upon an individual's memory or knowledge are most reliably proven by having the person give

testimony In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. La ...

in court: he appears in person before a judge at a time and place known to other interested persons, swears that his testimony will be true, states his testimony so that all can hear it, and can be

cross-examine In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and ...

d by opposing parties. Generally, the written record of his testimony is taken down in written form by an official of the court, the

court reporter A court reporter, court stenographer, or shorthand reporter is a person whose occupation is to capture the live testimony in proceedings using a stenographic machine, thereby transforming the proceedings into an official certified transcript b ...

. Such a procedure, although maximizing fairness and the likelihood of obtaining the truth, is expensive, troublesome, and time-consuming. Therefore, in many instances, especially in preliminary or uncontested proceedings, a court allows testimonial evidence to be given in a document filed with the

clerk of court A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witn ...

. Traditionally, that has required an

: the person must put his testimony into written form and then sign the document in front of an official, such as a notary public or clerk, swearing to the official that the contents of the document are true. The official then endorses the document and generally stamps it with an official seal. Such an affidavit has several advantages over simple signed testimony: * The person giving the testimony is subject to penalties if he has lied, usually the felony of

* The official is able to see

reason Reason is the capacity of consciously applying logic by drawing conclusions from new or existing information, with the aim of seeking the truth. It is closely associated with such characteristically human activities as philosophy, science, ...

, which gives some assurance that the person is not suffering under a disqualifying disability * The official is able to witness the signing of the document and check the proof of the

affiant An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statemen ...

's identity, helping to prevent some forms of outright fraud. In recent years, however, to provide for even greater economy of time and money, courts have increasingly allowed persons to omit the step of swearing before a notary public or official. Instead, the affiant puts a separate paragraph at the end of the document, such as the following (for United States federal courts):

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (for execution within the United States). For execution outside the United States, see ("I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on (date).").

Where allowed, such an endorsement gives the document the same weight as an affidavit, per : Unsworn declarations under penalty of perjury The document is called a ''sworn declaration'' or ''sworn statement'' instead of an affidavit, and the maker is called a "declarant" rather than an "affiant", but other than this difference in terminology, the two are treated identically by the court. A sworn declaration used in place of an affidavit must be specifically authorized by statute. The federal courts and a few states have general statutes allowing a sworn declaration in any matter where an affidavit can be used. In other cases, sworn statements are allowed for some purposes, but not others.For example, Minnesota law allows sworn statements to support a family violence waiver. Minnesota Statutes § 256J.545 One drawback to the use of a sworn statement while the protection of liability for perjury is retained, the protection is lost of having an independent official witness the signing, check the affiant's identification, etc. That function is essentially taken over by the attorney for the party in whose favor the affidavit is given; the court relies upon the honesty of the attorney, or, perhaps more realistically, upon the attorney's fear of being disbarred, to guarantee that the declarant is competent to testify, is who he says he is, and has actually sworn to the truth of the facts stated. Another incentive for attorneys to make sure that the text of a declaration precisely matches the declarant's recollection is that the witness may be subject to

impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...

at trial if discrepancies between the declaration and any later testimony turn out to be significant. Another more practical drawback is the conservative nature of the law. Even if use of a sworn statement is fully authorized, another individual to the transaction, such as a party to a business transaction or another person's attorney, may be unacquainted with the form and refuse to accept it in lieu of a notarized affidavit.

References

{{DEFAULTSORT:Sworn Declaration Legal documents

See also

References