DE House Bill 313 | NNA
Law

DE House Bill 313

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:
  1. 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.
  2. 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.
  3. 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.

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