Can I Sign An Affidavit Without Using a Notary?


What happens if you need to sign an affidavit in the presence of a notary, but you do not have a notary available? Today’s blog will tell you the law on the issue. There is both State and Federal law on the issue of signing an affidavit (sometimes called a “declaration”) without a notary. Nevada law on this issue is set forth in NRS § 53.045 and provides in full: 


NRS § 53.045. Use of unsworn declaration in lieu of affidavit or other sworn declaration; exception. Any matter whose existence or truth may be established by an affidavit or other sworn declaration may be established with the same effect by an unsworn declaration of its existence or truth signed by the declarant under penalty of perjury, and dated, in substantially the following form: 

 
       1.  If executed in this State: "I declare under penalty of perjury that the foregoing is true and correct."
 
       Executed on     ____________________                         ________________________                                     
                                            (date)                                               (signature)

The Federal law on this issue is codified in 28 USC 115 § 1746 and provides in relevant part:
 28 USC 115 § 1746. Unsworn declarations under penalty of perjury.  Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:


(1) If executed without the United States: "I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)".


(2) If executed within the United States, its territories, possessions, or commonwealths: "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)".

Please note that the State and Federal law referenced above apply to declarations and affidavits. Other legal documents, such as wills, trusts and health care power of attorneys should still be signed in front of a notary. If you have any questions as to which documents can be signed without the use of notary, contact your personal injury attorney for more information.

Next time, we will discuss the effect of a signed waiver in personal injury actions.

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