Illinois Compiled Statutes
735 ILCS 5/1-109 (2026)
Verification by certification
✓ current as of May 2026
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(735 ILCS 5/1-109)
(from Ch. 110, par. 1-109)
Sec. 1-109. Verification by certification. Unless otherwise expressly
provided by rule of the Supreme Court, whenever in this Code any complaint,
petition, answer, reply, bill of particulars, answer to interrogatories,
affidavit, return or proof of service, or other document or pleading filed
in any court of this State is required or permitted to be verified, or made,
sworn to or verified under oath, such requirement or permission is hereby
defined to include a certification of such pleading, affidavit or other
document under penalty of perjury as provided in this Section.
Whenever any such pleading, affidavit or other document is so certified,
the several matters stated shall be stated positively or upon information
and belief only, according to the fact. The person or persons having knowledge
of the matters stated in a pleading, affidavit or other document certified
in accordance with this Section shall subscribe to a certification in substantially
the following form: Under penalties as provided by law pursuant to Section
1-109 of the Code of Civil Procedure, the undersigned certifies that the
statements set forth in this instrument are true and correct, except as
to matters therein stated to be on information and belief and as to such
matters the undersigned certifies as aforesaid that he verily believes the
same to be true.
Any pleading, affidavit, or other document certified in accordance with
this Section may be used in the same manner and with the same force and
effect as though subscribed and sworn to under oath, and there is no further requirement that the pleading, affidavit, or other document be sworn before an authorized person.
Any person who makes a false statement, material to the issue or point
in question, which he does not believe to be true, in any pleading, affidavit
or other document certified by such person in accordance with this Section
shall be guilty of a Class 3 felony.
(Source: P.A. 100-1086, eff. 1-1-19.)
(735 ILCS 5/Art. II heading) ARTICLE II
CIVIL PRACTICE
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(735 ILCS 5/Art. II Pt. 1 heading) Part 1.
Venue
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Notes of Decisions
Cited in 197
cases (91 in the last 5 years), 2001–2026 · leading case: People v. Shunick, 2024 IL 129244 (Ill. 2024).
People v. Shunick, 2024 IL 129244 (Ill. 2024). “July 1, 2017) requires a proof of service by an incarcerated, pro se litigant to be by certification under section 1-109 of the Code of Civil Procedure (Code) (735 ILCS 5/1-109 (West 2020)). 2022 IL App (4th) 220019, ¶ 17 .”
People v. Urzua, 2023 IL 127789 (Ill. 2023). “Therefore, under the particular circumstances of this case, wherein a claim of actual innocence is supported only by Spires’s unnotarized statement, an unnotarized statement made under penalty of perjury as set forth in section 1-109 of the Code (735 ILCS 5/1-109 (West 2010)) is…”
People v. Henderson, 961 N.E.2d 407 (Ill. App. Ct. 2011). “Attached to the petition was an unnotarized affidavit signed by defendant, in which he swore to the truth of the allegations in his petition pursuant to section 1-109 of the Illinois Code of Civil Procedure (the Code) (735 ILCS 5/1-109 (West 2008)). On February 9, 2009, Judge…”
People v. Turner, 2012 IL App (2d) 100819 (Ill. App. Ct. 2012). “” Citing section 1-109 of the Code of Civil Procedure (Code) (735 ILCS 5/1-109 (West 2010)), defendant stated that the contents of the petition were true to the best of his knowledge.”
People v. English, 2023 IL 128077 (Ill. 2023). “” 735 ILCS 5/1-109 (West 2018). When completed, the verification has the “same force and effect as though subscribed and sworn to under oath.”
Brookbank v. Olson, 907 N.E.2d 426 (Ill. App. Ct. 2009). “735 ILCS 5/1-109 (West 2006). The court held that this verification alone without the additional signature was sufficient to comply with the requirements of the rule.”
People v. Ross, 2015 IL App (3d) 130077 (Ill. App. Ct. 2015). “The statement informed that it was in compliance with section 1-109 of the Code of Civil Procedure (Civil Code) (735 ILCS 5/1-109 (West 2010)). The statement was not notarized.”
People v. Humphrey, 2020 IL App (1st) 172837 (Ill. App. Ct. 2020). “further clarifies: “The person or persons having knowledge of the matters stated in a pleading, affidavit or other document certified in accordance with this Section shall subscribe to a certification in substantially the following form: Under penalties as provided by law…”
Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022). “Accordingly, defendant attached to her motion to dismiss a copy of the entire Manual as well as a “verification” from Jimenez, the Department’s Older Americans Act services supervisor (see 735 ILCS 5/1-109 (West 2020) (providing for “[v]erification by certification”).”
People v. Wilborn, 2011 IL App (1st) 92802 (Ill. App. Ct. 2011). “Above Jenkins’s signature is written: “Pursuant to *** 735 ILCS 5/1-109, I declare, under penalty of perjury, that everything contained herein is true and accurate to the best of my knowledge and belief.”
Wauconda Fire Prot. Dist. v. Stonewall Orchards, LLP, 828 N.E.2d 216 (Ill. 2005). “Each of the options I have outlined here would achieve the same result as the majority does, ameliorating the harsh result in this case.”
People v. Nitz, 2011 IL App (2d) 100031 (Ill. App. Ct. 2011). “) 735 ILCS 5/1-109 (West 2008). ¶ 15 Although we suggested in People v.”
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