« Curmudgeon This--For Now. | Main | KFB sounds off on mid-term elections, tax reform, Executive Branch retirement age. »
November 11, 2006
"Declarations" as Substitutes for Affidavits
We've mentioned declarations in lieu of affidavits before. In 1976 Congress passed a barely-noticed housekeeping addition to Title 28, the U.S. Code provisions on federal courts. 28 USC section 1746 allows witnesses to prepare and execute affidavits without appearing before a notary. But many lawyers who practice in federal courts don't know about its existence. An un-notarized "declaration" with the simple oath required by section 1746 can be used any time you need an affidavit, e.g., an affidavit supporting (or opposing) a summary judgment motion. The declaration has the same force and effect of a "regular" notarized affidavit--and saves witnesses and lawyers the time, cost and aggravation of getting statements notarized.
Posted by JD Hull at November 11, 2006 06:04 PM
Comments
Post a comment
Thanks for signing in, . Now you can comment. (sign out)
(If you haven't left a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Thanks for waiting.)