Unsworn Declaration: Employees of Government Agencies
What is an unsworn declaration and when can you use one?
Under Texas Civil Practice and Remedies Code section 132.001, an unsworn declaration may be used in lieu of (in place of) a written sworn declaration, verification, certification, oath, or affidavit required by statute or required by a rule, order, or requirement adopted as provided by law.
This provision does not apply to an oath of office or an oath required to be taken before a specified official other than a notary public.
An unsworn declaration can replace the requirement for a notary in specific cases. But it is not available—except for inmates—as a way to swear under oath that you are waiving service of process in other case types (mostly family law matters such as divorces, emancipations, name changes, and custody suits).
An unsworn declaration made under this section must be:
- in writing,
- signed by the person making the declaration as true under penalty of perjury, and
- in substantially the form described in Texas Civil Practice and Remedies Code section 132.001(f).
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