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Idaho Rules of Civil Procedure Rule 28(e)(4). Validity of unsworn declaration.

 

(a) Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this rule has the same effect as a sworn declaration.

 

(b) This rule does 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;

 

(4) a declaration to be recorded pursuant to I. C. § 55-805; or

 

(5) an oath required by I.C. § 15-2-504.

 

Comment

 

The use of unsworn declarations is not limited to litigation. Unsworn declarations would be usable in civil, criminal, and regulatory proceedings and settings. However, there are certain contexts in which unsworn declarations should not be used, and these contexts are listed in this section. Except as provided in section 4 of this rule, pursuant to this section, an unsworn declaration meeting the requirements of this rule may be used in a state proceeding or transaction whenever other state law authorizes the use of a sworn declaration. Thus, if other state law permits the use of either sworn testimony or an affidavit, an unsworn declaration meeting the requirements of this rule would also suffice. Additionally, if other state law authorizes other substitutes for a sworn declaration, such as an affirmation, then as provided in subsection (a) of this section, an unsworn declaration meeting the requirements of this rule could serve as a substitute for an affirmation.

 

(Amended April 29, 2013, effective July 1, 2013).

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

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Idaho Supreme Court



Members of the
Idaho Court of Appeals

 

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