Remember You Can Use an Unsworn Declaration in the Place of an Affidavit

You may recall that in 2008 the Utah Legislature made it possible under Utah Code Ann. 78B-5-705 to submit an unsworn declaration whenever the Utah Rules of Criminal Procedure, Civil Procedure, or Evidence call for an affidavit.  You should use the following magical phrase to make sure the declaration meets the statute: “I declare [or certify, verify or state (pick your poison)] under criminal penalty of the State of Utah that the foregoing is true and correct.  Executed on _____ [date]. ______ [signature].”  Be careful though; just because it is not sworn does not mean it is not binding.  A person who knowingly makes a false declaration is guilty of a class B misdemeanor.

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