Declaration Under Penalty of Perjury: Meaning, Uses, and Leg...

Introduction

A declaration under penalty of perjury is a signed statement in which the signer attests that the contents are true. If any material part is false and the person knew it was false, that person can face perjury charges. In many U.S. federal proceedings and agency filings, an unsworn declaration that contains specific statutory language can serve the same function as a notarized affidavit.

In federal practice, 28 U.S.C. § 1746 allows unsworn declarations “under penalty of perjury” to be used in place of an affidavit. Perjury is a crime under federal law (18 U.S.C. §§ 1621, 1623), and many states have similar statutes. You’ll see these declarations in court filings, bankruptcy schedules, immigration forms, and even tax returns.

This guide explains what these declarations are, when they are accepted, the exact wording they usually require, and what happens if someone lies.

Note: This guide is general information for a U.S. audience and not legal advice.

What You’ll Learn

• What “under penalty of perjury” means in U.S. law
• When a declaration can replace a notarized affidavit (28 U.S.C. § 1746)
• The required wording and format of an acceptable declaration
• The difference between a declaration and an affidavit
• Elements of perjury and what counts as a “material” false statement
• Penalties and enforcement under federal and state law
• Common real-world uses in court, bankruptcy, immigration, and taxes
• Practical steps to prepare, review, and sign safely

Core Concepts

What “Under Penalty of Perjury” Means

• Truthfulness required: By signing, you’re stating the information is true. If it turns out to be materially false and you knew it was false when you signed, you can be prosecuted.
• Materiality: A statement is material if it has a natural tendency to influence a decision-maker (a judge, agency, or jury). Small, immaterial errors usually don’t meet this standard, though they can still hurt your case.
• Intent: Perjury requires willfulness. Honest mistakes, confusion, or typos are not perjury. Still, courts can sanction careless filings.
• Recantation (limited): Under 18 U.S.C. § 1623(d) (false declarations in court proceedings), there’s a narrow defense if you correct the false statement in the same proceeding before it is exposed and before it affects the proceeding.

Federal Rule for Unsworn Declarations (28 U.S.C. § 1746)

In many federal filings, you do not need a notary if you use the statute’s language and sign and date the document.

• Standard U.S. wording:
  • “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date]. [Signature] [Printed Name].”
• Outside the U.S. wording:
  • “I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on [date]. [Signature] [Printed Name].”
• Placement and format:
  • Place the declaration at the end of the document.
  • Include the date, signature, and printed name.
  • Follow any local court formatting rules for electronic signatures (for example, “/s/ Jane Doe”).

Courts expect the key phrase “under penalty of perjury.” If that phrase is missing or altered, a court may refuse to treat the statement like an affidavit.

Affidavit vs. Declaration

• Affidavit:
  • Written statement sworn in front of a notary or authorized officer.
  • Required by some state statutes and for certain documents (for example, real estate deeds or certain state court motions).
• Declaration under penalty of perjury:
  • A signed statement without a notary, accepted under 28 U.S.C. § 1746 and by many states with similar laws.
  • Commonly used in federal motions, discovery responses, and administrative filings to save time and cost.

Always check the governing rule or statute. Some filings still require notarization, depositions require an oath administered by an officer, and some states limit when unsworn declarations are acceptable.

Penalties and Enforcement

• Federal perjury statutes:
  • 18 U.S.C. § 1621 (general perjury) and 18 U.S.C. § 1623 (false declarations in court): both carry potential fines and up to five years in prison.
  • Bankruptcy-related false oaths or concealment of assets can trigger 18 U.S.C. § 152 (also a felony).
• Civil and procedural consequences:
  • Courts can strike filings, impose monetary sanctions, or dismiss claims.
  • False statements can destroy credibility, leading to adverse rulings.
• Collateral consequences:
  • In immigration matters, false statements can lead to denials or other serious outcomes.
  • Professional discipline is possible for licensed individuals who submit false declarations.

Key Examples or Case Studies

• Affidavit in a custody dispute

  • Scenario: A parent files an affidavit or declaration stating the other parent violated a custody order.
  • Risk: If the statement is knowingly false and material to the court’s decision, the filer can face perjury charges and sanctions. The court may modify custody based on credibility findings.

• Bankruptcy financial disclosures

  • Scenario: A debtor signs schedules and statements declaring under penalty of perjury that all assets and debts are accurate.
  • Risk: Omitting assets or lying about transfers can lead to criminal charges (18 U.S.C. § 152), loss of discharge, fines, and potential imprisonment.

• United States v. Dunnigan, 507 U.S. 87 (1993)

  • Takeaway: The Supreme Court recognized that false testimony that meets the definition of perjury can justify an obstruction-of-justice enhancement at sentencing. While Dunnigan involved testimony at trial rather than a written declaration, it illustrates how seriously courts treat willfully false, material statements in judicial proceedings.

• Nissho-Iwai American Corp. v. Kline, 982 F.2d 505 (2d Cir. 1992)

  • Takeaway: A “verified” statement that did not use the “under penalty of perjury” language required by 28 U.S.C. § 1746 could not substitute for an affidavit at summary judgment. Courts expect the statute’s key phrasing for an unsworn declaration to be valid.

• Financial affidavit in divorce (illustrative)

  • Scenario: A spouse submits a state court financial affidavit under penalty of perjury, concealing brokerage accounts.
  • Result: The court imposes sanctions, refers the matter for possible prosecution, and adjusts property division and support based on the deception.

Practical Applications

• When to use a declaration instead of an affidavit

  • Federal court filings that would otherwise require an affidavit (motions, discovery responses).
  • Administrative filings that accept unsworn declarations.
  • When notarization is impractical, and the rule allows an unsworn declaration.

• When you still need a notary or an oath

  • Depositions and testimony require an officer to administer an oath.
  • State-law filings that specify notarized affidavits (check your state’s statute).
  • Documents that must be recorded (for example, certain real estate documents).

• How to draft a compliant declaration

  1. Caption the document correctly (case name, court, case number, if applicable).
  2. State facts in numbered paragraphs.
  3. Add the statutory language:
     • In the U.S.: “I declare under penalty of perjury that the foregoing is true and correct.”
     • Outside the U.S.: “I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.”
  4. Include the date, signature, and printed name.
  5. Attach exhibits and reference them clearly.
  6. Follow local filing and e-signature rules.

• Smart signing practices

  • Read every line. Do not sign if anything is incomplete or unclear.
  • Confirm facts with records (bank statements, emails, contracts).
  • Avoid guesses. Say what you know first-hand; identify anything based on “information and belief” only if the rule allows it and it’s accurate to say so.
  • Correct promptly. If you discover a material error, consult counsel about filing a corrected declaration.
  • Keep a copy of what you signed and the supporting documents.

• Common U.S. use cases

  • Federal court motions and declarations supporting summary judgment or preliminary relief.
  • Bankruptcy schedules and statements of financial affairs.
  • Immigration forms (many include preprinted perjury statements).
  • Tax returns and related IRS submissions (signed under penalty of perjury per 26 U.S.C. § 6065).

• State-law notes

  • Many states have statutes similar to 28 U.S.C. § 1746 (for example, Cal. Code Civ. Proc. § 2015.5; Tex. Civ. Prac. & Rem. Code § 132.001).
  • Requirements vary by state and court. Always check local rules.

Summary Checklist

• Confirm that a declaration (not a notarized affidavit) is permitted for your filing.
• Use the exact “under penalty of perjury” wording required by the applicable statute.
• Include date, signature, printed name, and, if abroad, the “under the laws of the United States of America” clause.
• State only what is true and material; avoid speculation.
• Attach and label exhibits that support key statements.
• Review local rules for formatting, page limits, and e-signature conventions.
• Understand potential penalties: fines, prison, sanctions, or case consequences.
• Keep copies of the signed declaration and all supporting documents.

Quick Reference