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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
