HB357 Alabama 2019 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Matt Fridy
Republican
Session: Regular Session 2019
Title: Evidence, unsworn declarations, allowed when given under penalty of perjury, with exceptions, Secs. 12-21-80 to 12-21-87, inclusive, repealed
Summary: HB 357 would let most sworn declarations used in legal matters be replaced by unsworn declarations signed under penalty of perjury, repealing a prior act and outlining key exceptions.
What This Bill Does
The bill repeals the Alabama Uniform Unsworn Foreign Declarations Act. It allows a matter that normally requires a sworn declaration to be proven by an unsworn declaration if the declarant signs under penalty of perjury and the declaration is dated. The unsworn declaration must be subscribed as true under penalty of perjury and follow a specific form. There are several exceptions where this does not apply, such as depositions, oaths of office, certain oaths before officials, declarations to be recorded, and some other specified oaths and affidavits; it also sets an effective date for when these changes take effect.

Who It Affects
Individuals who provide declarations or statements as part of legal proceedings, who may use unsworn declarations signed under penalty of perjury instead of sworn ones in many cases.
Courts, lawyers, and government offices that receive or rely on declarations, which would accept unsworn declarations for covered matters but must still observe the listed exceptions.

Key Provisions
Repeal of the Alabama Uniform Unsworn Foreign Declarations Act (Subdivision 3.5) starting with Section 12-21-80.
When a matter is required to be evidenced by a sworn declaration, it may instead be evidenced by an unsworn declaration signed under penalty of perjury, with like force and effect for the covered matters.
A specific form for the unsworn declaration is required, including language affirming truth under penalty of perjury and a date and signature.
Exceptions: the new rule does not apply to (1) a deposition, (2) an oath of office, (3) an oath before certain officials other than a notary, (4) a declaration to be recorded under Title 35, (5) oaths under 43-8-132 or 43-8-133, (6) a durable power of attorney under Title 26, or (7) an absentee ballot affidavit under Title 11.
Effective date: the act takes effect on the first day of the third month after its passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Evidence