Notary Law Update: DE House Bill 313
State: Delaware
Summary:House Bill 313 allows an unsworn declaration to be made in lieu of a sworn oath to the extent allowed under court rule.
Signed:
June 28, 2016
Effective:
June 28, 2016
Chapter: 283
Affects:Adds Section 3927 to Title 10 of the Delaware Code and amends Section 1224 of Title 11 of the Delaware Code.
Changes: - Allows the use of unsworn declarations made under penalty of perjury in lieu of sworn declarations, including verified pleadings and affidavits, to the extent authorized by court rule.
- Clarifies that an unsworn declaration under 10 DC 3927 does not apply to: (a) a deposition; (b) an oath of office; (c) an oath required to be given before a specified official other than a Notary Public; (d) a declaration to be recorded pursuant to Title 25; or (e) an acknowledgement or affidavit required by § 1305 of Title 12.
- Classifies as false swearing an individual making a false statement by unsworn declaration.
Analysis:Delaware is the latest state to enact so-called unsworn declaration rules, permitting with like force and effect to a sworn oath before a Notary Public a statement made under penalty of perjury. Unsworn declarations are not permitted with certain types of oaths. For these, individuals must go before a Notary or other oath-administering official to make a sworn oath or affirmation. Under the new law, falsely making an unsworn declaration is subject to the same penalties for making a false oath.
Read the bill text.