A California sworn statement is almost always a written declaration you sign yourself under penalty of perjury, and under Code of Civil Procedure Section 2015.5 it carries the same legal force as a notarized affidavit.1California Legislative Information. California Code CCP 2015.5 No notary, no witness, no oath administered by anyone else. The tradeoff: lying about anything material is a felony punishable by two to four years in state prison, so the paperwork is easier but the stakes are the same as testifying in court.
Declaration or Affidavit
Two document types fall under the “sworn statement” label in California, and picking the right one matters.
A declaration is an unsworn written statement where you affirm the contents are true under penalty of perjury. You sign it yourself, include specific statutory language, and file it. CCP 2015.5 gives that document the same legal effect as a traditional sworn affidavit.
An affidavit requires you to appear before a notary public or other authorized officer, take an oath or affirmation, and sign while the notary watches. The notary then completes a jurat certifying the oath and signature. Because declarations are faster and cheaper, California courts and attorneys use them for the overwhelming majority of filings. Affidavits are reserved for the narrow set of situations where a statute or agency specifically demands notarization.
What a Valid Declaration Must Contain
A declaration needs three things to be admissible. Miss any one and it has no legal force, which can mean a denied motion or a rejected filing at the worst possible moment.
- Your personal signature. The statute requires the document to be “subscribed” by the person making it.
- The date, and if you sign inside California, the place of execution — courts read that as the city and state.
- Specific penalty-of-perjury language, with the exact wording depending on where you sign.
If you sign anywhere in California, use this phrasing: “I certify (or declare) under penalty of perjury that the foregoing is true and correct.” The date and place go directly alongside your signature.1California Legislative Information. California Code CCP 2015.5
Signing From Outside California
If you sign from another state or country, the language has to reference California law: “I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” That version requires the date of execution and substitutes the California law reference for the place requirement. Without the “under the laws of the State of California” phrase, an out-of-state declaration is invalid for California proceedings.
Personal Knowledge and Who Can Sign
A declaration isn’t the place for rumor or speculation. In civil proceedings like summary judgment motions, declarations must be based on your personal knowledge, contain facts that would be admissible as evidence, and show you’re competent to testify about the subject matter. A declaration that recites hearsay or states conclusions without factual support can be stricken by the court, gutting whatever motion it was meant to support.
Competency to sign tracks the same standard as competency to testify as a witness. Under California Evidence Code Section 701, a person is disqualified if they cannot express themselves so as to be understood, or cannot understand the duty to tell the truth.2California Legislative Information. California Code EVID 701 There is no specific minimum age, but the declarant must meet both prongs. A young child or a person with severe cognitive impairment who cannot grasp the obligation of truthfulness would not produce a valid declaration.
Attaching Exhibits
To reference contracts, photographs, medical records, or other documents, attach them as numbered exhibits and identify each one in the body of the declaration. The standard approach reads something like: “Attached as Exhibit A is a true and correct copy of the lease agreement dated March 15, 2025.” That sentence tells the court what the document is and authenticates it through your personal knowledge. Without that foundation laid in the declaration itself, the exhibit is an unverified piece of paper the court can ignore.
When a Notary Is Still Required
CCP 2015.5 carves out three situations where a declaration cannot substitute for a sworn affidavit: depositions, oaths of office, and oaths that a statute requires to be taken before a specified official other than a notary public. In those situations, you need the full notarization process.
Some agencies also require notarized affidavits by their own rules, regardless of what CCP 2015.5 would otherwise allow. The California Department of Public Health, for example, requires a notarized sworn statement to request an authorized certified copy of a birth certificate; without it, CDPH will not process the request at all.3California Department of Public Health. How to Obtain a Certified Copy of a Birth Record The same applies when amending a birth record.4California Department of Public Health. Application to Amend a Birth Record Before preparing any sworn statement, check whether the receiving court or agency has specific requirements that override the general declaration rule.
Common Situations That Call for a Sworn Statement
Civil Litigation
Declarations run through California motion practice. Nearly every request to a court — temporary restraining orders, motions to compel discovery, oppositions to summary judgment — needs factual support in the form of a declaration. Many Judicial Council forms used in family law and small claims already have the penalty-of-perjury language printed at the bottom, so you’re signing a declaration whether you notice it or not.
Proof of Service
After delivering legal papers to the opposing party, you file a declaration proving it happened. A proof of service declaration identifies the document served, names and addresses the person who made the delivery, and confirms that person is over 18 and not a party to the case. The specific details vary by delivery method, with personal delivery, mail, and other methods each requiring their own data points.5Legal Information Institute. Cal. Code Regs. Tit. 1, 1008 – Service; Proof of Service
Small Estate Collection
When a California estate is small enough, heirs can skip formal probate by using a sworn statement. For deaths occurring on or after April 1, 2025, the estate must be valued at $208,850 or less, excluding certain joint-tenancy and trust property.6California Courts. DE-300 Maximum Values for Small Estate Set-Aside and Disposition The affidavit or declaration must include the decedent’s name, date and place of death, a statement that at least 40 days have passed, a description of the property being claimed, and the declarant’s relationship as a successor. A certified copy of the death certificate must be attached.7California Legislative Information. California Probate Code 13101 The threshold adjusts periodically, so verify the current limit before you file.
Penalties for Lying
Knowingly stating something false in a declaration or affidavit is perjury under California Penal Code Section 118. The statute reaches anyone who “willfully states as true any material matter which he or she knows to be false,” whether under a formal oath or in a declaration signed under penalty of perjury.8California Legislative Information. California Code PEN 118 “Material” does real work in that sentence: the false statement must relate to something significant in the proceeding, not a trivial detail.
Perjury is a felony. Penal Code Section 126 sets the punishment at two, three, or four years in state prison.9California Legislative Information. California Code PEN 126 On top of the criminal exposure, a court can strike the false declaration from the record, sanction the filer, and draw adverse inferences against them for the rest of the case. If you’re uncertain about a fact, say so in the declaration rather than asserting it as true.
Federal Court Filings in California
If you’re filing in a federal court located in California, use 28 U.S.C. § 1746 rather than CCP 2015.5. The federal system has its own unsworn declaration process with slightly different wording. For documents signed within the United States, the required phrasing is: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).”10Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury
The structure mirrors California’s, but the wording is not identical. Federal declarations don’t require a place of execution, only a date and signature. If you’re filing in both state and federal court on the same matter, use the format required by the court that will actually receive the document. Mixing the two risks rejection.
Fixing Errors After Signing
California takes a strict approach to corrections. Once a declaration is signed and filed, or an affidavit is notarized, you generally cannot cross out errors and initial the changes. The proper method is to prepare and sign (or notarize) an entirely new document. For court-filed declarations, that usually means drafting an amended or supplemental declaration that identifies and corrects the error. For notarized affidavits, you start the notarization process over with a fresh document. Catching errors before signing is the better path: read every factual assertion against the underlying records before you put your name on it.