How to Use a Washington Declaration Instead of an Affidavit

In Washington, you can use a signed declaration instead of an affidavit in most court filings, and it carries the same legal force as a notarized sworn statement. RCW 9A.72.085 requires four things: the statement is made under penalty of perjury, you sign it, you include the date and place of signing, and you state that the declaration is made under the laws of the State of Washington.¹ General Rule 13 authorizes courts to accept these unsworn statements in place of affidavits.²

The tradeoff is real. You skip the notary, but you accept full criminal liability for anything false in the document, with no notary standing between you and a perjury charge.

What the Declaration Must Contain

A declaration that omits any of the four statutory elements is vulnerable to being struck, even if the facts inside it are accurate. Build the document around these components:

A caption identifying the court, the parties, and the case number if one has been assigned.
A factual narrative in numbered paragraphs. Stick to events you personally witnessed or participated in. Secondhand information generally does not belong in a declaration unless a hearsay exception applies, and vague or conclusory statements invite objections.
The perjury certification, worded substantially as: “I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.”¹
The date and the city and state where you signed. Both are required.
Your signature under your full legal name.

The statute says “substantially” in this form, so exact wording is not required, but the flexibility is narrower than it looks. The two most common mistakes are leaving out the phrase “under the laws of the State of Washington” and forgetting the place of signing. Either omission can make the declaration technically defective. If you are representing yourself, a pre-formatted template from the Washington Courts forms page removes most of the risk.³

When You Still Need a Notarized Affidavit

Both GR 13 and RCW 9A.72.085 exclude several situations from the substitution rule. Use a traditional sworn and notarized document when the filing is:

A writing requiring an acknowledgment, such as a real property deed or certain recorded documents.
An oath of office taken by a government official.
An oath that a statute directs be administered before a specific official other than a notary public, such as a judge.
A deposition.¹

If you are unsure whether an exception applies, look at the underlying statute governing the document. Words like “acknowledged” or a reference to a specific official who must administer the oath signal that a declaration will not do the job.

Federal Courts Use Different Language

If your case is in a federal court sitting in Washington, do not use the state perjury language. Under 28 U.S.C. § 1746, declarations executed inside the United States use this form: “I declare under penalty of perjury that the foregoing is true and correct. Executed on (date).”⁴ The federal version does not reference any state’s laws. The reverse also matters: a federal-format declaration filed in a Washington state court may not satisfy the state statute’s requirement to invoke Washington law. Match the wording to the court.

Signing Options

Washington explicitly permits electronic and digital signatures. RCW 9A.72.085(3) says a person subscribes to a declaration by placing a handwritten signature, attaching a digital signature, or using an electronic signature.¹ Licensed attorneys may sign under the method described in General Rule 30. Law enforcement officers submitting documents electronically from a criminal justice agency device can use their full name, agency, and badge number in place of a handwritten signature.

What Happens If You Lie

A signed declaration is treated the same as testimony given under oath. RCW 9A.72.010 defines “oath” to include any declaration made under penalty of perjury, which means a knowingly false statement in a declaration filed during a court case triggers perjury in the first degree under RCW 9A.72.020.⁵ That is a class B felony, with a maximum of ten years in prison and a fine of up to $20,000.⁶

The prosecution does not have to prove you knew the false statement was material. Believing the lie was unimportant is not a defense.⁵ For false statements made under oath outside official proceedings, RCW 9A.72.040 covers “false swearing” as a gross misdemeanor.⁷ Context sets the stakes: lying in a declaration submitted to a court is a felony; lying in a declaration used for other official purposes outside a court proceeding is a misdemeanor.

Filing and Serving the Declaration

You file the declaration with the court clerk as part of or alongside the motion or pleading it supports. Many Washington courts require electronic filing through the statewide eFileWA system, where you upload the declaration as a PDF and receive a confirmation when it is accepted. Some courts still accept paper filings at the clerk’s office during business hours. Declarations do not carry a separate filing fee; the fee attaches to the underlying motion or pleading.

Filing is only half of the job. Civil Rule 5 requires you to serve a copy on every other party in the case. If the other side is represented, service goes to the attorney rather than the party. You can serve by hand delivery or by mail to the last known address, and service by fax or electronic means is permitted if the recipient has consented in writing.⁸ File a proof of service afterward stating who was served, when, and how. Without that proof on the record, a judge may decline to consider the declaration.

Deadlines

Civil Rule 6(d) requires that a written motion and all supporting papers be served no later than five days before the hearing, unless the court orders otherwise or a specific rule provides a different deadline.⁹ Some counties impose longer deadlines through local rules, so check the rules for the specific court hearing your case. If you serve by mail, service is complete on the date of mailing, but the recipient gets additional days to respond, which affects your overall timing. Missing the deadline can mean the judge will not consider the declaration at all.

1
Washington State Legislature. Washington Code 9A.72.085 – Unsworn Statements, Certification or Declaration
2
Washington Courts. General Rule 13 – Use of Unsworn Statement in Lieu of Affidavit
3
Washington State Courts. Court Forms – List of All Forms
4
Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury
5
Washington State Legislature. Washington Code RCW 9A.72 – Perjury and Interference with Official Proceedings
6
Washington State Legislature. Washington Code RCW 9A.20.021 – Maximum Sentences for Crimes Committed
7
Washington State Legislature. Washington Code RCW 9A.72.040 – False Swearing
8
Washington Courts. Rule 5 – Service and Filing of Pleadings and Other Papers
9
Washington Courts. Rule 6 – Time