Provide for attorneys to make unsworn declarations under penalty of perjury in lieu of sworn declarations
Summary
LB470 authorizes attorneys, in specified circumstances, to use unsworn declarations made under penalty of perjury instead of sworn declarations, affidavits, verifications, certificates, statements, or oaths in writing. The bill applies when a matter is required or permitted to be supported by such a written statement and the attorney’s signature is otherwise required because the attorney is representing a party in an action. It does not apply to depositions, oaths of office, or oaths required before a specified official other than a notary public.
The bill also supplies model declaration language for use inside and outside Nebraska. If executed outside the state, the attorney declares under penalty of perjury under Nebraska law that the statement is true and correct; if executed within Nebraska, the attorney declares under penalty of perjury that the statement is true and correct. The measure is a procedural change aimed at simplifying attorney filings and reducing the need for notarization or sworn statements in qualifying situations.
Impact
LB470 amends Nebraska law governing evidentiary and filing requirements for attorney-signed statements by giving unsworn declarations the same force and effect as sworn declarations in the covered contexts. It affects attorneys, litigants, and courts by allowing a more streamlined method for submitting written statements under penalty of perjury, while preserving exceptions for depositions and certain official oaths. The bill updates the form language that attorneys may use when making such declarations inside or outside the state.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It advanced unanimously from the Legislature and passed final reading 47-0-2, then was approved by the Governor. The voting history suggests strong consensus that the change was a practical procedural modernization rather than a substantive policy dispute.
Contention
No committee testimony or recorded debate is provided, and the vote totals indicate little to no opposition. Any potential concern would likely have centered on ensuring that unsworn declarations remain reliable substitutes for sworn statements and that the exception language does not inadvertently affect other oath requirements. However, the available record shows no significant contention among lawmakers.