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A statutory declaration is a legal document defined under the law of certain Commonwealth nations and in the United States. It is similar to a statement made under oath , but it is not sworn. Statutory declarations are commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or ...
A sworn declaration used in place of an affidavit must be specifically authorized by statute. The federal courts and a few states have general statutes allowing a sworn declaration in any matter where an affidavit can be used. [2] [3] In other cases, sworn statements are allowed for some purposes, but not others. [4]
Sworn testimony is evidence given by a witness who has made a commitment to tell the truth. If the witness is later found to have lied whilst bound by the commitment, they can often be charged with the crime of perjury. The types of commitment can include oaths, affirmations and promises which are explained in more detail below.
Vasil Levski's affidavit, 16 June 1872, Bucharest, Romania. An affidavit (/ ˌ æ f ɪ ˈ d eɪ v ɪ t / ⓘ AF-ih-DAY-vit; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law.
The most common functions performed by a justice of the peace in New South Wales are to witness the signing of a statutory declaration, witness the signing of an affidavit and certify that a copy of an original document is a true copy. [24] JPs are appointed by the Governor of New South Wales for five-year terms.
Frequently, the most desired witness (the deponent) is an opposite party to the action. In that instance, legal notice may be given to that person's attorney, and a subpoena is not required. However, if the witness is not a party to the lawsuit (a third party) or is reluctant to testify, then a subpoena must be served on that party. [13]
Perjury is a statutory offence in England and Wales. A person convicted of perjury is liable to imprisonment for a term not exceeding seven years, or to a fine, or to both. [ 2 ] In the United States , the general perjury statute under federal law classifies perjury as a felony and provides for a prison sentence of up to five years. [ 3 ]
In the statutory law of wills and trusts, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator's signature. It is often of the form signed, sealed, published, and declared , [ 1 ] a legal quadruplet .
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