O.C.G.A. § 9-1-1 (2019)
Uniform Unsworn Declarations Act
(a) This Code section shall be known and may be cited as the “Uniform Unsworn Declarations Act.”
(b) As used in this Code section, the term:
(1) “Law” includes a statute, judicial decision or order, rule of court, executive order, and administrative rule, regulation, or order.
(2) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(3) “Sign” means, with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process.
(4) “Sworn declaration” means a declaration in a signed record given under oath. Such term includes a sworn statement, verification, certificate, and affidavit.
(5) “Unsworn declaration” means a declaration in a signed record not given under oath but given under penalty of perjury.
(c) Except as provided in subsection (d) of this Code section or otherwise precluded by law, this Code section shall apply to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
(d)(1) Except as otherwise provided in paragraph (2) of this subsection, if a law of this state requires or permits use of a sworn declaration in a court, administrative, or arbitral proceeding, an unsworn declaration meeting the requirements of this Code section has the same effect as a sworn declaration.
(2) This Code section shall not apply to:
(A) A deposition;
(B) An oath of office;
(C) An oath expressly required by statute to be given before a specified official other than a notary public;
(D) An oath expressly required by statute to be made pursuant to the requirements of Code Section 9-10-113;
(E) An instrument expressly required by statute to comply with Code Section 44-2-15; or
(F) An oath required by Code Section 53-4-24.
(e) If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in the same medium.
(f) An unsworn declaration under this Code section shall be in a form and content substantially as follows: “I declare under penalty of perjury under the law of Georgia that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. Signed on the day of , at Date Month Year City or other location, and state or country. Printed name Signature.”
(g) In applying and construing this Code section, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(h) This Code section modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of such act, or authorize electronic delivery of any of the notices described in Section 103(b) of such act.
History
Code 1981, § 9-1-1, enacted by Ga. L.
2023, p. 120, § 1/HB 80, effective July 1, 2023.
Effective date. This Code section became effective July 1, 2023.
Annotations
Code Commission notes. Pursuant to Code Section 28-9-5, in
2023, “a” was inserted between “in” and “form” in subsection (f).
CHAPTER 2 ACTIONS GENERALLY Sec.
Article 1 General Provisions Sec.
Definitions. Actions in personam; actions in rem. Remedy for every right. Pursuit of consistent or inconsistent remedies. Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception. Demand prior to action not necessary. Implied promise to pay for services or property. Private rights of action not created unless expressly stated.
Action against representative of joint obligor. Effect of action by minor alone. Plaintiff in penal action. Substitution of plaintiff’s spouse or others in action on chose in action assigned as year’s support. Article 3 Abatement
Article 2
Parties
Parties to actions on contracts; action by beneficiary. Parties to actions for torts; notice to Department of Community Health for a party who has received medical assistance benefits. Joinder of defendants in action for deficiencies in construction. Separate action by tenant in common. Action by unincorporated association. Action against unincorporated association; service of process; venue; what property bound by judgment. Prosecution of action against less than all joint contractors or copartners.
No abatement on death of party where cause survives. Nonabatement of tort actions; survival of cause; no punitive damages against representative. Death of one or more codefendants; suggestion of record. No abatement where some defendants not liable. Effect of former recovery; pendency of former action. No abatement for pendency of action in another state. Institution of action on same cause in other state; setting case in this state; postponement limited. Precedence of first filed informer’s action; abatement of others. Article 4 Dismissal and Renewal
Dismissal for want of prosecution; costs; recommencement within six months. Renewal of case after dismissal. Retraxit and dismissal or discontinuance distinguished. Affidavit of indigence for renewal of action.
Cross references. Derivative actions against directors and officers, § 14-2-831. Provision that county is not liable to cause of action unless made so by statute, § 36-1-4. Giving of written notice to municipality
regarding claim for money damages on account of injuries to person or property, § 36-33-5. Law reviews. For annual survey article on trial practice and procedure, see 50 Mercer L. Rev. 359 (1998).
ARTICLE 1 GENERAL PROVISIONS RESEARCH REFERENCES ALR. Nature of termination of civil action required to satisfy element of favorable
termination to support action for malicious prosecution, 30 A.L.R.4th 572.