An unsworn affidavit in Colorado is a written statement you sign yourself, under penalty of perjury, that carries the same legal weight as a notarized affidavit for most court and administrative filings. The Uniform Unsworn Declarations Act, at C.R.S. 13-27-101 through 13-27-106, lets you skip the notary as long as your document uses specific statutory language.1Justia. Colorado Code 13-27-101 – Short Title C.R.S. 13-27-104 says an unsworn declaration that meets the Act’s requirements has “the same effect” as a sworn one, meaning a judge cannot reject your filing just because it lacks a notary seal.2Justia. Colorado Code 13-27-104 – Validity of Unsworn Declaration
What the Document Must Contain
Under C.R.S. 13-27-106, the declaration is only valid if it “substantially” follows this form:3Justia. Colorado Code 13-27-106 – Form of Unsworn Declaration
“I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.”
After that sentence, include four things:
- The date of execution — day, month, and year.
- The location where you signed — city or other location, and state or country.
- Your printed name.
- Your signature.
Missing any of these gives an opposing party grounds to challenge admissibility. “Substantially” gives some flexibility for minor wording differences, but courts have no obligation to accept a document that strays too far. Copy the language verbatim if you can. If the underlying law requires a sworn statement in a particular medium — paper or electronic — your unsworn version has to use the same medium.4Colorado Public Law. Colorado Code 13-27-105 – Required Medium
You can sign an unsworn declaration wherever you happen to be, inside the United States or abroad.5Colorado Public Law. Colorado Code 13-27-103 – Applicability That matters if you’re overseas, deployed, or traveling on a deadline.
When You Still Need a Notary
The Act does not apply to five categories. For any of these, you need a traditional notarized oath or sworn statement:2Justia. Colorado Code 13-27-104 – Validity of Unsworn Declaration
- Depositions.
- Oaths of office.
- Oaths required before a specified official other than a notary, such as a judge or clerk.
- Declarations recorded for conveying or registering title to real property under Articles 35 and 36 of Title 38.
- The oath required under C.R.S. 15-11-504 to make a will self-proving in probate.
Using an unsworn declaration for a deed transfer or a self-proved will risks rejection at filing or later invalidation. Everything else covered by the Act — motions, supporting statements, most administrative filings — is fair game.
Filing the Declaration
An unsworn declaration is filed the same way as any other court document. Colorado’s Electronic Filing System handles a wide range of case types for attorneys, including civil, domestic relations, probate, criminal, and appellate matters.6Colorado Judicial Branch. E-Filing Self-represented filers currently have e-filing access only in domestic relations and eviction cases.7Colorado Judicial Branch. E-Filing for Non-Attorneys If your case isn’t covered, file in person or by mail at the clerk’s office.
Administrative agencies accept unsworn declarations in regulatory proceedings, but submission methods vary. Check the agency’s own filing guidelines. A declaration that meets the statute perfectly can still be rejected if the agency has separate formatting rules.
Penalties for a False Declaration
The perjury language is not decoration. Because no notary independently confirmed your identity, that language is what gives your statement the same force as a sworn oath — and the same criminal exposure.
Under C.R.S. 18-8-503, a materially false statement in a declaration under penalty of perjury, outside of an official proceeding, is perjury in the second degree, a class 2 misdemeanor.8Justia. Colorado Code 18-8-503 – Perjury in the Second Degree A class 2 misdemeanor carries up to 120 days in jail, a fine of up to $750, or both.9Justia. Colorado Code 18-1.3-501 – Misdemeanors Classified
If the false statement is made in an official proceeding, the charge is perjury in the first degree under C.R.S. 18-8-502, a class 4 felony with a potential prison sentence.10FindLaw. Colorado Code 18-8-502 – Perjury in the First Degree Courts can also impose sanctions under Colorado Rule of Civil Procedure 11 against a filer whose statement isn’t well-grounded in fact, including payment of the other side’s reasonable expenses and attorney fees.11Colorado Bar Association. Colorado Rules of Civil Procedure Rule 11 – Signing of Pleadings
Federal Filings Use Different Language
For federal court or federal law matters, use 28 U.S.C. § 1746 instead. The federal statute allows the same substitution, with three of the same exclusions: depositions, oaths of office, and oaths before a specified official other than a notary.12Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury
Inside the United States, the required wording is: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.” Outside the country, add “under the laws of the United States of America.” Both versions need your signature and the date.12Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury
The federal penalty is heavier. Under 18 U.S.C. § 1621, a false federal declaration can bring up to five years in prison, a fine, or both.13Office of the Law Revision Counsel. 18 US Code 1621 – Perjury Generally If your matter has state and federal filings, use the Colorado form for state documents and the Section 1746 form for federal ones.
When a Notarized Affidavit Is Still the Better Choice
An unsworn declaration trades identity verification for convenience. A notary appointment, a fee, and a witness go away. So does the paper trail that comes with a notary journal entry. For routine motions and administrative filings, that trade is fine. In a contentious case, opposing counsel may lean on the absence of independent identity verification to challenge the document’s reliability, and judges weigh credibility accordingly. For high-stakes situations where identity verification carries real value, such as financial transactions or contested estate matters, a notarized affidavit is the stronger choice even when the law doesn’t require it.