One of the lesser-known changes to Texas state-court practice brought about by the 2011 legislative session is the allowance of parties to use unsworn declarations in place of affidavits or verifications.
United States Litigation, Mediation & Arbitration To print this article, all you need is to be registered or login on Mondaq.com.One of the lesser-known changes to Texas state-court practice brought about by the 2011 legislative session is the allowance of parties to use unsworn declarations in place of affidavits or verifications. Before September 1, 2011, such declarations could only be used as a substitute for an affidavit by inmates.
Parties in Texas cases may now use an unsworn declaration in place of any affidavit, verification, written sworn declaration, certification, or oath, except an oath of office or other oath before a specified official other than a notary public. Tex. Civ. Prac. & Rem. Code 132.001.
To be valid, the declaration must be in writing and signed by the declarant. It must also contain a jurat containing the declarant's name, date of birth, and address; a statement that the declaration is true and correct under penalty of perjury; and a statement of the county, state, and date of execution.
The following is a substantially correct example of a jurat for a declaration under penalty of perjury under the amended Tex. Civ. Prac. & Rem. Code 132.001:
My name is James Robert Smith, my date of birth is January 1, 1965, and my address is 123 Main Street, Dallas, Texas 75201. I declare under penalty of perjury that the foregoing is true and correct.
Executed in Dallas County, State of Texas, on January 1, 2012.
James Robert Smith, Declarant
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