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Georgia Code Title 9. Civil Practice § 9-1-1

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) This Code section shall be known and may be cited as the “Uniform Unsworn Declarations Act.”

(b) As used in this Code section, the term:

(1) “Law” includes a statute, judicial decision or order, rule of court, executive order, and administrative rule, regulation, or order.

(2) “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.

(3) “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.

(4) “Sworn declaration” means a declaration in a signed record given under oath. Such term includes a sworn statement, verification, certificate, and affidavit.

(5) “Unsworn declaration” means a declaration in a signed record not given under oath but given under penalty of perjury.

(c) Except as provided in subsection (d) of this Code section or otherwise precluded by law, this Code section shall apply 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, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

(d)(1) Except as otherwise provided in paragraph (2) of this subsection, if a law of this state requires or permits use of a sworn declaration in a court, administrative, or arbitral proceeding, an unsworn declaration meeting the requirements of this Code section has the same effect as a sworn declaration.

(2) This Code section shall not apply to:

(A) A deposition;

(B) An oath of office;

(C) An oath expressly required by statute to be given before a specified official other than a notary public;

(D) An oath expressly required by statute to be made pursuant to the requirements of Code Section 9-10-113;

(E) An instrument expressly required by statute to comply with Code Section 44-2-15; or

(F) An oath required by Code Section 53-4-24.

(e) If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in the same medium.

(f) An unsworn declaration under this Code section shall be in a form and content substantially as follows:

“I declare under penalty of perjury under the law of Georgia 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.

Signed on the ___ day of __________, at ____________________.

Date Month Year City or other location, and state or country.

_______________________________________________

Printed name

_______________________________________________

Signature.”

(g) In applying and construing this Code section, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(h) This Code section modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of such act, or authorize electronic delivery of any of the notices described in Section 103(b) of such act.

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Cite this article: FindLaw.com - Georgia Code Title 9. Civil Practice § 9-1-1 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-1-1/

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