This chapter may be cited as the "Uniform Unsworn Foreign Declarations Act".
(July 23, 2010, D.C. Law 18-191, § 2(b), 57 DCR 3400.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 18-191, the "Uniform Unsworn Foreign Declarations Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-427, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on March 2, 2010, and March 16, 2010, respectively. Signed by the Mayor on April 7, 2010, it was assigned Act No. 18-380 and transmitted to both Houses of Congress for its review. D.C. Law 18-191 became effective on July 23, 2010.
Uniform Law
This section is based upon § 1 of the Uniform Unsworn Foreign Declarations Act. See Vol. 14, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
For the purposes of this chapter, the term:
(1) "Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
(2) "Law" includes a District of Columbia statute, a judicial decision or order, an executive order, and an administrative rule, regulation, or order.
(3) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4) "Sign" means, with present intent to authenticate or adopt a record,:
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record an electronic symbol, sound, or process.
(5) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(6) "Sworn declaration" means a declaration in a signed record given under oath. The term "sworn declaration" includes a sworn statement, verification, certificate, and affidavit.
(7) "Unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
(July 23, 2010, D.C. Law 18-191, § 2(b), 57 DCR 3400.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-191, see notes following § 16-5301.
Uniform Law
This section is based upon § 2 of the Uniform Unsworn Foreign Declarations Act. See Vol. 14, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States, whether or not the location is subject to the jurisdiction of the United States. This chapter does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.
(July 23, 2010, D.C. Law 18-191, § 2(b), 57 DCR 3400.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-191, see notes following § 16-5301.
Uniform Law
This section is based upon § 3 of the Uniform Unsworn Foreign Declarations Act. See Vol. 14, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
(a) Except as otherwise provided in subsection (b) of this section, if a law of the District of Columbia requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter shall have the same effect as a sworn declaration.
(b) This chapter shall not apply to:
(1) A deposition;
(2) An oath of office;
(3) An oath required to be given before a specified official other than a notary public; or
(4) A declaration to be recorded with the Recorder of Deeds of the District of Columbia.
(July 23, 2010, D.C. Law 18-191, § 2(b), 57 DCR 3400.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-191, see notes following § 16-5301.
Uniform Law
This section is based upon § 4 of the Uniform Unsworn Foreign Declarations Act. See Vol. 14, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
If a law of the District of Columbia requires that a sworn declaration be presented in a particular medium, an unsworn declaration shall be presented in that medium.
(July 23, 2010, D.C. Law 18-191, § 2(b), 57 DCR 3400.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-191, see notes following § 16-5301.
Uniform Law
This section is based upon § 5 of the Uniform Unsworn Foreign Declarations Act. See Vol. 14, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
An unsworn declaration under this chapter shall be in substantially the following form:
"I declare under penalty of perjury under the law of the District of Columbia that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
"Executed on the _____ day of _______, ___________, at __________, ___________:
(date) (month) (year) (city or other (country)
location,
and state)
______________________________________
"(printed name)
______________________________________
"(signature)."."
(July 23, 2010, D.C. Law 18-191, § 2(b), 57 DCR 3400; Sept. 26, 2012, D.C. Law 19-171, § 75(d), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-171 inserted quotation marks in the form.
Legislative History of Laws
For Law 18-191, see notes following § 16-5301.
For history of Law 19-171, see notes under § 16-2331.
Uniform Law
This section is based upon § 6 of the Uniform Unsworn Foreign Declarations Act. See Vol. 14, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(July 23, 2010, D.C. Law 18-191, § 2(b), 57 DCR 3400.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-191, see notes following § 16-5301.
Uniform Law
This section is based upon § 7 of the Uniform Unsworn Foreign Declarations Act. See Vol. 14, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U. S.C. § 7003(b)).
(July 23, 2010, D.C. Law 18-191, § 2(b), 57 DCR 3400.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-191, see notes following § 16-5301.
Uniform Law
This section is based upon § 8 of the Uniform Unsworn Foreign Declarations Act. See Vol. 14, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
Refs & Annos
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Jurisdiction
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Laws
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Effective Date
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Statutory Citation
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Alabama
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2011-533
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1-1-2012
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Ala. Code §§ 12-21-80 to 12-21-87.
|
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Colorado
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2009, c. 115
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8-5-2009
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C.R.S.A. §§ 12-55-301 to 12-55-308.
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Connecticut
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2010, P.A. 10-33
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10-1-2010
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C.G.S.A. §§ 1-65aa to 1-65hh.
|
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Delaware
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2010, c. 332
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7-2-2010
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10 Del.C. §§ 5351 to 5359.
|
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District of Columbia
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2010, c. 18-191
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7-23-2010
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D.C. Official Code, 2001 Ed. §§ 16-5301 to 16-5308.
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Indiana
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2010, P.L. 57
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7-1-2010
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West's A.I.C. §§ 34-59-1-1 to 34-59-1-13.
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Minnesota
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2010, c. 295
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8-1-2010
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M.S.A. § 358.115.
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Montana
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2011, c. 352
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10-1-2011
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MCA §§ 26-1-1101 to 26-1-1108.
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Nevada
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2011, c. 11
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10-1-2011
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NRS §§ 53.350 to 53.390.
|
|
New Mexico
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2009, c. 78
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7-1-2009
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NMSA 1978, §§ 44-10-1 to 44-10-8.
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North Dakota
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2011, c. 243
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8-1-2011
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NDCC 31-14-01 to 31-14-06.
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South Dakota
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2012, c. 257
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7-1-2012
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SDCL §§ 18-1-1 to 18-1-6.
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Tennessee
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2010, c. 902
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7-1-2010
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T.C.A. §§ 24-9-301 to 24-9-308.
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Utah
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2009, c. 100
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5-12-2009
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U.C.A. 1953, §§ 78B-18-101 to 78B-18-108.
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Washington
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2011, c. 22
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7-22-2011
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West's RCWA 5.50.010 to 5.50.901.
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Wisconsin
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2009, c. 166
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3-30-2010
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W.S.A. 887.015.
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