HB357 Alabama 2019 Session

Under existing law, when a declaration is to be used in a judicial or administrative proceeding, the declaration is required to be in the form of an affidavit that is sworn to in the presence of a notary public.

Also under existing law, the Alabama Uniform Unsworn Foreign Declarations Act provides that when a declaration is unsworn, with exceptions, the declaration is valid if the declarant is outside the territorial limits of the United States and the declaration is signed under penalty of perjury.

This bill would provide that, with exceptions, when a matter is required to be evidenced by a sworn declaration of the person making the declaration, the matter may be valid if it is unsworn and subscribed to by the declarant under penalty of perjury.

Relating to evidence; to repeal the Alabama Uniform Unsworn Foreign Declarations Act, Subdivision 3.5, commencing with Section 12-21-80, Division 1, Article 1, Chapter 21, Title 12 of the Code of Alabama 1975; and to provide that when a matter is required to be evidenced by a sworn declaration of the person making the declaration, the matter may be valid if it is unsworn and subscribed to by the declarant under penalty of perjury, with exceptions.