28 U.S.C. 1746 permits many federal written sworn statements to be replaced by a signed, dated declaration under penalty of perjury. The form differs according to where the person executes it, not the person’s citizenship or where the document will later be filed. [1]
Signing outside the United States
The statutory form adds “under the laws of the United States of America” to the penalty-of-perjury statement. That clause matters when signing abroad. Use wording substantially matching the statute, identify the execution date, and sign. [1]
Signing within the United States
The domestic form states that the foregoing is true and correct under penalty of perjury, followed by the execution date and signature. The domestic provision expressly includes U.S. territories, possessions, and commonwealths. [1]
For example, a U.S. citizen signing in France uses the outside-U.S. form; a foreign citizen signing in California uses the domestic form.
Not every oath can be replaced
The statute excludes depositions, oaths of office, and specified oaths required before a particular official. A state-law document, foreign proceeding, or specialized filing can also have separate requirements. DOJ’s discussion explains the federal unsworn-declaration mechanism. [2]
Check the receiving instructions
Use first-hand facts, avoid unsupported conclusions, and follow rules for attachments, translations, electronic signatures, and filing. “No notary needed” does not mean “no signature or date needed.”
Two usable statutory-form examples
Outside the United States: “I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on [date]. [Signature].”
Within the United States: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date]. [Signature].” [1]
These examples use one of the statute’s permitted introductory verbs. Replace the brackets with the actual execution date and signature. The declaration should refer clearly to the factual statement it verifies; a detached signature page with no identifiable statement can create avoidable uncertainty. Confirm the recipient’s filing and signature procedure, particularly for electronic submissions, rather than assuming the statute authorizes every method of applying a signature. [1] [2]
Prepare facts the recipient can use
- Identify the declarant and explain the basis of personal knowledge.
- State concrete facts and identify any attached records.
- Separate firsthand observations from assumptions.
- Review the complete statement before signing and dating it.
The certification does not remove requirements about admissible evidence or the contents of a motion. It also does not replace a scheduled deposition or required testimony. Section 1621 separately addresses a person who willfully subscribes as true a material matter they do not believe to be true in a section 1746 declaration. The certification therefore has legal consequences. [3]
See declarations supporting reopening motions and identity requirements for federal record requests for settings where the statement’s purpose and receiving procedure affect what is sufficient.
Primary sources
- 28 U.S.C. 1746
- 1760 Perjury Cases – 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury
- 18 U.S.C. 1621: Perjury in a Section 1746 Declaration
Sources checked: October 31, 2026.