HB423 Alabama 2020 Session

Summary

Primary Sponsor

Matt Fridy

Republican

Session

Regular Session 2020

Title

Evidence, unsworn declarations, allowed when given under penalty of perjury, with exceptions, Secs. 12-21-80 to 12-21-87, inclusive, repealed

Summary

HB423 would repeal the Alabama Uniform Unsworn Foreign Declarations Act and allow unsworn declarations sworn under penalty of perjury to substitute for sworn declarations in many evidentiary situations, with specified exceptions.

What This Bill Does

The bill repeals the Alabama Uniform Unsworn Foreign Declarations Act. It lets, in most cases where a sworn declaration is normally required, an unsworn declaration signed and dated and sworn under penalty of perjury be used instead to provide evidence. It specifies the exact form language for the unsworn declaration. It also lists several exceptions where this substitution does not apply, such as depositions, oaths of office, oaths before certain officials, declarations to be recorded under certain titles, oaths under certain statutes, durable power of attorney, and absentee ballot affidavits. The act becomes effective on the first day of the third month after it passes and the governor signs it.

Who It Affects

• Individuals who make declarations for use in judicial or administrative proceedings; they may use an unsworn declaration under penalty of perjury when appropriate.
• Courts, agencies, and other decision-making bodies that rely on written declarations for evidence; they may accept unsworn declarations in place of sworn ones in many cases, subject to the listed exceptions.

Key Provisions

• Repeals the Alabama Uniform Unsworn Foreign Declarations Act, Subdivision 3.5, starting with Section 12-21-80 in Division 1, Article 1, Chapter 21, Title 12 of the Code of Alabama 1975.
• Establishes that, except as provided in the exceptions, a matter that would be supported by a sworn declaration, verification, certificate, statement, oath, affirmation, or affidavit may be supported by an unsworn declaration, verification, certificate, statement, oath, affirmation, or affidavit written and signed under penalty of perjury, using the standard form language.
• Requires the unsworn declaration to include the statement 'I declare (or verify, certify, state, swear, or affirm) under penalty of perjury under the laws of the State of Alabama that the foregoing is true and correct. Executed on (date). (Signature).'
• Lists seven exceptions where the unsworn substitution does not apply: (1) A deposition; (2) An oath of office; (3) An oath required before a specified official other than a notary public; (4) A declaration to be recorded under Title 35; (5) An oath required by Sections 43-8-132 or 43-8-133; (6) A durable power of attorney under Title 26; (7) An affidavit required to accompany an absentee ballot under Chapter 17 of Title 11.
• This act becomes effective on the first day of the third month following its passage and approval by the governor (or otherwise becoming law).

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Evidence