What is Declaration under Penalty of Perjury?
A declaration under penalty of perjury is a statement, signed by the declarant, that their testimony is true and that they would be guilty of the crime of perjury if their testimony is shown to be materially and intentionally false. Such a declaration can legally substitute for a notarized statement or sworn affidavit.
Example
During a civil action, a witness signs a declaration stating that under penalty of perjury, their statement is true.
However, during a subsequent deposition, one of the parties to the civil action produces emails that contradict the witness’s statement.
The witness admits that they lied in their statement. Because they signed a declaration under penalty of perjury, the witness has committed perjury and has opened themselves up to criminal prosecution.
Case Examples:
- Use of unsworn statement for summary judgment: “Under federal law, an unsworn statement signed under penalty of perjury may be used, in lieu of a sworn statement or affidavit, to support or oppose a motion for summary judgment.” Rodriguez-Severino v. UTC Aerospace Sys., 52 F.4th 448, 458 (1st Cir. 2022)
- Bankruptcy in Bankruptcy Court: “Any motion requesting that the dismissal of a case for failure to timely file a required document ... be vacated ... must be supported by a declaration under penalty of perjury establishing sufficient explanation why the documents were not timely filed.” In re Minho Son, No. 2:16-BK-12794-RK, 2016 WL 1212876, at *1 (Bankr. C.D. Cal. Mar. 28, 2016).
Further Reading
For more detailed information, see our related Criminal Law terms:
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