SB44 Alabama 2011 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2011

Title

Civil practice, Uniform Unsworn Foreign Declarations Act, adopted, use of unsworn declarations under certain conditions if declarant is outside of United States

Summary

The bill creates the Alabama Uniform Unsworn Foreign Declarations Act to allow unsworn declarations signed under penalty of perjury outside the United States to have the same effect as sworn declarations in many cases.

What This Bill Does

It allows a declarant located outside the U.S. to submit an unsworn declaration that is treated the same as a sworn declaration, with certain exceptions. It defines who is covered, what counts as an unsworn declaration, and where the act does not apply. It requires the unsworn declaration to follow the same medium requirements as the law requires and provides a standard form for the declaration, plus it addresses uniformity, electronic signatures, and the act’s effective date.

Who It Affects

• Declarants who are physically located outside the boundaries of the United States and need to provide a declaration for legal or administrative purposes; they may use an unsworn declaration under penalty of perjury.
• Alabama courts, government agencies, and legal practitioners that process declarations, who would treat valid unsworn foreign declarations as equivalent to sworn declarations under the act, subject to listed exceptions.

Key Provisions

• Establishes the Alabama Uniform Unsworn Foreign Declarations Act (Subdiv. 3.5) with definitions for boundaries, records, signing, sworn and unsworn declarations, and applicability.
• Applies to unsworn declarations by declarants outside the U.S.; excludes declarations by declarants on U.S. property within another country or tribal lands.
• States that, generally, an unsworn declaration has the same effect as a sworn declaration if the law requires or permits a sworn declaration, with specific exclusions (e.g., depositions, oaths of office, certain oaths before officials, declarations to be recorded under Title 35, certain sections, and powers of attorney).
• Requires unsworn declarations to be presented in the same medium as the law requires for sworn declarations and provides a standard form language, including location outside the U.S. and signature, with spaces for date, location, name, and signature.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure