Unsworn Declarations

An unsworn declaration is a written statement signed under penalty of perjury.

It’s similar to an affidavit, but you don’t have to sign it in front of a notary. (A notary is a person authorized to administer oaths, witness signatures, and certify documents.)

Perjury means lying on purpose while under oath. When you sign a declaration under penalty of perjury, you are swearing that what you wrote is true. If it’s not, you could face criminal charges.

See Texas Penal Code chapter 37.

Make sure the declaration is right for your situation. You may use a declaration instead of an affidavit if:

• you don’t have access to a notary,
• no law specifically requires a notarized form, and
• it is safe for your address to be in the public record.

Important: An unsworn declaration must include your residential address. If you use an affidavit and sign it in front of a notary, you usually won’t have to include your address in the document itself, because your address will be entered in the notary's record book.

You can often use an unsworn declaration instead of a form that normally requires a notary. Under Texas Civil Practice and Remedies Code 132.001, an unsworn declaration can replace a:

• sworn written statement,
• verification,
• certification,
• oath, or
• affidavit.

To be valid, an unsworn declaration must:

• be in writing,

• state that it is made under penalty of perjury,

• be signed, and

• closely follow the format in Texas Civil Practice and Remedies Code 132.001.

Links to unsworn declaration forms are below.

• Unsworn Declaration (guided form)
• Unsworn Declaration
• Unsworn Declaration (Inmate)
• Unsworn Declaration (Government Employee).

If you need help choosing the correct forms, use our Ask A Question chat tool or browse our Legal Help Directory.

There is usually no fee to file a form that includes an unsworn declaration. Still, check with the district clerk’s office in the county where your case is filed to be sure.

Yes. Like affidavits, unsworn declarations are a type of evidence—a way to present facts to a court. Other types of evidence include witness testimony, documents, photos, records, videos, and more. A declaration helps preserve your testimony in writing.

Yes. You may attach exhibits—such as documents, photos, or receipts—to support what you say in your declaration.

If you refer to an exhibit in your statement, be sure to clearly say you are attaching it and include it as the last page of your declaration. Exhibits can help prove that what you're saying is true.

You cannot use an unsworn declaration for every type of sworn document. You must sign the following types of documents in front of a notary:

• A lien that must be filed with a county clerk
• Documents about real or personal property that must be filed with a county clerk
• An oath of office or any oath that must be taken before a specific official (not just a notary)
• A waiver of service of process in certain cases—like divorces, emancipations, name changes, and custody suits—unless you are an inmate.

Yes—if you can, it’s wise to have a lawyer review your declaration.

When you sign under penalty of perjury, you are swearing that everything you wrote is true. If you make a mistake or leave out important information, it could damage your case—or worse, lead to criminal charges.

A lawyer can check your declaration for accuracy; explain why the declaration matters; and help you present your facts clearly and correctly.

See this State Bar of Texas article, How to Select a Lawyer, for guidance in finding an attorney.