Legislation
State: Montana
Signed: May 06, 2011
Effective: October 01, 2011
Chapter: 352
SummaryMontana enacts the Uniform Unsworn Foreign Declarations Act (UUFDA), permitting a person living or traveling outside the U.S. who must sign certain sworn statements to make the statements under penalty of perjury without having to appear before a Notary or U.S. consular officer to take an oath or affirmation.
AffectsCreates as yet uncodified sections in the Montana Code Annotated.
Changes - Defines an “unsworn declaration” as a declaration in a signed record that is not given under oath, but is given under penalty of false swearing.
- Prescribes that if a Montana law requires or permits use of a sworn declaration, an unsworn declaration has the same effect as a sworn declaration, provided that at the time of making the declaration the declarant is physically located outside the boundaries of the United States, whether or not the location is subject to the jurisdiction of the United States.
- Clarifies that the law does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country (e.g. a foreign embassy located in the U.S. or the United Nations) or a federally recognized American Indian tribe.
- Disallows the use of unsworn declarations with the following sworn declarations: (a) a deposition, (b) an oath of office, (c) an oath required to be given before a specified official other than a Notary, (d) a document to be recorded under Title 70 of the MCA; or (e) a self-proving declaration or affidavit required by MCA 72-2-524 (on a self-proved will).
- Permits a sworn declaration to be made in an electronic or tangible (e.g. paper) medium.
- Prescribes the form for an unsworn declaration.
AnalysisMontana enacts the Uniform Unsworn Foreign Declarations Act (UUFDA) published by the Uniform Law Commission (National Conference of Commissioners on Uniform State Laws). The UUFDA allows any sworn declaration (a signed record made under oath) to be made by an unsworn declaration (a signed record made under penalty of perjury) provided that the declaration is made outside of the United States and does not apply to a deposition, an oath of office, a document that is to be recorded with a county recorder or a self-proving affidavit on a will.
Read Senate Bill 354.