The following announcement was posted on the Court's website today: DECLARATIONS UNDER PENALTY OF PERJURY MAY BE FILED IN LIEU OF NOTARIZED AFFIDAVITS

FLMB CHief Judge Delano

A message from Chief Judge Caryl E. Delano:

For many years, the practice in the Middle District of Florida has been for counsel and parties to file notarized affidavits when a matter is required to be supported by a sworn declaration. However, a person’s declaration under penalty of perjury, as authorized by 28 U.S.C. § 1746, is equally acceptable. In light of the impact of the COVID-19 pandemic on the State of Florida, the need for social distancing, and to avoid unnecessary involvement by notaries public, the judges of the Middle District of Florida encourage parties and attorneys to file declarations under penalty of perjury instead of notarized affidavits.

28 U.S.C. § 1746 provides that whenever a matter if required or permitted to be supported by a sworn declaration or affidavit, the matter may be supported by a unsworn declaration or verification that is made under penalty of perjury, signed, and dated, in substantially the following form:

          I declare (or certify, verify, or state) under penalty of perjury [if executed
          outside the U.S., include ‘under the law of the United States of America’]
          that the foregoing is true and correct. Executed on (date).

          (Signature)

 

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