Legislation
State: Vermont
Signed: June 05, 2023
Effective: June 05, 2023
Chapter: Act No. 46
Summary
Senate Bill authorizes an unsworn declaration to be used instead of the approval or verification of a Notary on certain judiciary-related documents.
Affects
Amends Section 27b of Title 4 of the Vermont Statutes Annotated.
Changes
- Provides that a document that would otherwise require the approval or verification of a Notary may be filed with unsworn declaration language inserted above the signature and date.
- Specifies the following unsworn declaration that may be used instead of approval or verification of a Notary: “I declare that the above statement is true and accurate to the best of my knowledge and belief. I understand that if the above statement is false, I will be subject to the penalty of perjury or to other sanctions in the discretion of the court.”
- Exempts the following from being filed with an unsworn declaration: (a) an affidavit in support of a search warrant application, (b) an application for a nontestimonial identification order, (c) an oath required by 14 V.S.A. Section 108, or (d) consents and relinquishments in adoption proceedings governed by Title 15A.
AnalysisSenate Bill 33 makes miscellaneous changes to various judiciary provisions. Consistent with the trend to allow unsworn declarations to replace notarized statements, Senate Bill 33 does this with respect to certain documents and records filed in court. It should be noted that an unsworn declaration may not be used to replace a Notary’s approval or verification for the four specific documents noted in #3 under “Changes.”
Read Senate Bill 33.