The person who signs a declaration as the declarant is the individual with firsthand knowledge of the facts stated in the document. That same person writes or reviews the facts, dates the document, and signs it under penalty of perjury. Under federal law, that signature — paired with the statutory penalty-of-perjury language and a date — carries the same legal weight as a notarized affidavit.1Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury
Who Qualifies to Sign
Two things make someone eligible to sign as the declarant: personal knowledge and mental competence.
Personal knowledge means the signer directly observed or experienced the events described. It is not enough to repeat what someone else said happened. Federal evidence rules require that anyone testifying to a fact “must have had an opportunity to observe, and must have actually observed the fact,” and the same standard applies to written declarations.2Legal Information Institute. Federal Rules of Evidence Rule 602 – Need for Personal Knowledge Federal Rule of Civil Procedure 56 says the same thing in the summary judgment context: a declaration has to be made on personal knowledge, set out facts admissible in evidence, and show the declarant is competent to testify about them.3Legal Information Institute. Federal Rules of Civil Procedure Rule 56 – Summary Judgment
The signer also needs to understand what they are stating and the consequences of signing under penalty of perjury. If a court later finds the declarant lacked the mental capacity to understand their statements, the declaration can be thrown out as evidence.
In some settings the word “declarant” is narrower and tied to the document itself. A living will declarant, for instance, is the person who executed the living will — the individual making their own end-of-life decisions, not a family member or attorney.
Can Someone Else Sign for You
Generally, no. The point of a declaration is that the signer personally vouches for the truth of the facts, and the penalty of perjury attaches to the person claiming firsthand knowledge, not to a representative. An agent under a power of attorney can handle many legal documents, but a declaration under penalty of perjury is not usually one of them.
Business entities are the main exception. When a company has to file a declaration, an officer or authorized employee with personal knowledge of the relevant facts signs on the company’s behalf. That person is not representing that the whole organization “knows” the facts; they are declaring that they personally know them and are authorized to speak for the entity. Federal courts have used specific forms for declarations made on behalf of corporations and partnerships, reflecting that requirement.
What Your Signature Has to Say and Show
Three elements are mandatory under federal law: the penalty-of-perjury statement, the date, and the declarant’s signature.1Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury The exact wording depends on where you sign.
If you sign anywhere inside the United States, its territories, or commonwealths, use this language:
“I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).”
If you sign outside the United States, the wording has to reference U.S. law specifically:
“I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).”
The statute says the declaration must follow this form “substantially,” so minor wording variations will not automatically invalidate it. Straying too far is risky, though. Courts have rejected declarations that omitted the penalty-of-perjury language or failed to include a date. Copying the statutory language exactly is the safest approach.
When Your Signature Alone Is Not Enough
A declarant’s signature does not replace a notarized affidavit in every situation. Federal law carves out three categories where a sworn, notarized document is still required:1Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury
- Depositions. Testimony taken during the discovery phase of a lawsuit still requires a sworn oath.
- Oaths of office. Someone being sworn into a government position cannot use a declaration.
- Oaths before a specified official other than a notary. Certain proceedings require an oath before a particular official, such as a judge or court clerk.
State law adds its own restrictions. Some states limit unsworn declarations to certain professions or exclude specific document types. Real property transactions often still require notarized affidavits in states that otherwise accept declarations. Probate filings — small estate affidavits or affidavits proving a will’s validity, for example — frequently require notarization as well. Check your state’s rules before assuming your signature on a declaration will be accepted for a particular filing.
Signing Electronically
The federal E-SIGN Act says a signature or record cannot be denied legal effect solely because it is electronic. The law also addresses documents that must be “verified, or made under oath,” providing that an electronic signature satisfies the requirement as long as the document includes all other information required by applicable law.4Office of the Law Revision Counsel. 15 USC 7001 – General Rule of Validity For a declaration, that means the electronic version still needs the full penalty-of-perjury language and the date next to the e-signature.
Many federal courts accept electronically signed declarations, especially through their electronic filing systems. Not every court or agency handles this the same way. Some state courts and local rules still require wet-ink signatures, so confirm the filing requirements before you submit an electronically signed declaration.
What You Are Risking When You Sign
Signing as the declarant puts you on the hook for perjury if the statements are false. Two federal statutes apply. The general perjury statute reaches anyone who “subscribes as true any material matter which he does not believe to be true” in a declaration under penalty of perjury, with a penalty of a fine, up to five years in prison, or both.5Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally
A second statute specifically covers false declarations made in court and grand jury proceedings. The maximum sentence is also five years, with one notable difference: prosecutors can obtain a conviction by showing the declarant made two irreconcilably contradictory statements under oath, without proving which one was false.6Office of the Law Revision Counsel. 18 USC 1623 – False Declarations Before Grand Jury or Court That statute also provides a narrow escape: if you correct a false statement in the same proceeding before it affects the outcome or before anyone discovers the lie, the correction can block prosecution.
That criminal exposure is the whole reason a declarant’s signature works without a notary. The penalty-of-perjury language puts the signer on notice, and the notice is what makes the document trustworthy.