K.S.A. » Chapter 53
Kansas Statutes Annotated

K.S.A. § 53-601 (2026)

Unsworn declarations; written declaration sufficient, form; exceptions; relationship to notarial acts

✓ current as of May 2026
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53-601. Unsworn declarations; written declaration sufficient, form; exceptions; relationship to notarial acts. (a) Except as provided by subsection (b), whenever a law of this state or any rules and regulations, order or requirement adopted or issued thereunder requires or permits a matter to be supported, evidenced, established or proved by the sworn written declaration, verification, certificate, statement, oath or affidavit of a person, such matter may be supported, evidenced, established or proved with the same force and effect by the unsworn written declaration, verification, certificate or statement dated and subscribed by the person as true, under penalty of perjury, in substantially the following form:

(1) If executed outside this state: "I declare (or verify, certify or state) under penalty of perjury under the laws of the state of Kansas that the foregoing is true and correct. Executed on (date).

___________________________(Signature)"

(2) If executed in this state: "I declare (or verify, certify or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).

___________________________ (Signature)"

(b) The provisions of subsection (a) do not apply to the following oaths:

(1) An oath of office.

(2) An oath required to be taken before a specified official other than a notary public.

(3) An oath of a testator or witnesses as required for wills, codicils, revocations of wills and codicils and republications of wills and codicils.

(c) A notarial act performed prior to the effective date of this act is not affected by this act. Nothing in this act diminishes or invalidates the recognition accorded to notarial acts by other laws of this state or rules and regulations adopted thereunder.

(d) On or after July 1, 1989, whenever an officer or partner listed in K.S.A. 17-2718(d), 17-7503(e), 17-7504(e), 17-7505(e), 56-1a606(e) or 56-1a607(e), and amendments thereto, is required to execute a report before a notary or swear an oath before an officer authorized to administer oaths, in lieu thereof, such person may execute an unsworn declaration if such declaration is in substantial conformity with subsections (a), (b) and (c) of this section.

(e) On or after July 1, 1990, subsections (a), (b) and (c) of this section shall have general application.

History: L. 1989, ch. 93, § 1; L. 2021, ch. 61, § 38; January 1, 2023.

Notes of Decisions
Cited in 24 cases (9 in the last 5 years), 1992–2026 · leading case: State v. Laturner, 218 P.3d 23 (Kan. 2009).
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State v. Laturner, 218 P.3d 23 (Kan. 2009). · cites it 4× “22-3437 and K.S.A. 53-601. K.S.A. 22-3437 authorizes the certificate, directs what the certificate must include, and establishes a procedure to be followed if a certificate is to be used as evidence.”
Wanjiku v. Johnson Cnty., 173 F. Supp. 3d 1217 (D. Kan. 2016). “files an affidavit or- declaration pursuant to K.S.A. 53-601 ... that to the best of the affiant’s or declar-ant’s knowledge and belief the person to be served is employed in this state,- and .”
Aeroflex Wichita, Inc. v. Filardo, 275 P.3d 869 (Kan. 2012). “The Kansas version states: “When a motion relies on facts outside the record, the court may hear the matter on affidavits or on declarations pursuant to K.S.A. 53-601, and amendments thereto, or may hear it wholly or partly on oral testimony or on depositions.”
State v. Dreiling, 54 P.3d 475 (Kan. 2002). “bscribing to any material fact upon any oath or affirmation legally administered in any cause, matter or proceeding before any court, tribunal, public body, notary public or other officer authorized to administer oaths; or “(2) subscribing as true and correct under penalty of…”
Lambert v. Peterson, 439 P.3d 317 (Kan. 2019). “And under the summary judgment procedure a party may "not rely merely on allegations or denials in its own pleading.”
Acord v. Porter, 475 P.3d 665 (Kan. Ct. App. 2020). “"[A]n opposing party may not rely merely on allegations or denials in its own pleading; rather, its response must, by affidavits or by declarations pursuant to K.S.A. 53-601 . . . or as otherwise 12 provided in this section, set out specific facts showing a genuine issue for…”
Chubb v. Sullivan, 330 P.3d 423 (Kan. Ct. App. 2014). “” K.S.A. 53-601 allows a declaration under penalty of perjury to be used with the same force and effect as an affidavit sworn to upon oath.”
U.S. Bank Nat'l Ass'n v. McConnell, 305 P.3d 1 (Kan. Ct. App. 2013). “60-256(e)(2) provides: “When a motion for summary judgment is properly made and supported, an opposing party may not rely merely on allegations or denials in its own pleading; rather, its response must, by affidavits or by declarations pursuant to K.S.A. 53-601, and amendments…”
State v. Kemp (Kan. Ct. App. 2025). · cites it 44× “K.S.A. 53-601 generally allows an unsworn written declaration subscribed by the person as true under the penalty of perjury to have the same force and effect as a sworn written declaration, verification, certificate, statement, oath, or affidavit.”
Kerry G. v. Stacy C., 411 P.3d 1227 (Kan. Ct. App. 2018). “See K.S.A. 53-601. Once filed, the petition must be personally served on the defendant.”
Dwagfys Mfg., Inc. v. City of Topeka, Kan., Corp., 443 P.3d 1052 (Kan. 2019). “t engages in the lawful sale, furnishing or distribution of cigarettes, electronic cigarettes, tobacco products or liquid nicotine by mail; and (2) The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, tobacco products or liquid nicotine to the…”
In re Parentage of E.A., 518 P.3d 419 (Kan. Ct. App. 2022). “"A party against whom relief is sought may move, with or without supporting affidavits or supporting declarations pursuant to K.S.A. 53-601, and amendments thereto, for summary judgment on all or part of the claim.”
Show all 24 citing cases →
— K.S.A. § 53-601(a) — 1 case
State v. Kemp (Kan. Ct. App. 2025). “K.S.A. 53-601 generally allows an unsworn written declaration subscribed by the person as true under the penalty of perjury to have the same force and effect as a sworn written declaration, verification, certificate, statement, oath, or affidavit.”
— K.S.A. § 53-601(a)(1) — 1 case
State v. Kemp (Kan. Ct. App. 2025). “K.S.A. 53-601 generally allows an unsworn written declaration subscribed by the person as true under the penalty of perjury to have the same force and effect as a sworn written declaration, verification, certificate, statement, oath, or affidavit.”
— K.S.A. § 53-601(a)(2) — 1 case
State v. Laturner, 218 P.3d 23 (Kan. 2009). “22-3437 and K.S.A. 53-601. K.S.A. 22-3437 authorizes the certificate, directs what the certificate must include, and establishes a procedure to be followed if a certificate is to be used as evidence.”
— K.S.A. § 53-601(a)(l) — 1 case
State v. Kemp (Kan. Ct. App. 2025). “K.S.A. 53-601 generally allows an unsworn written declaration subscribed by the person as true under the penalty of perjury to have the same force and effect as a sworn written declaration, verification, certificate, statement, oath, or affidavit.”
— K.S.A. § 53-601(c) — 1 case
Double S, Inc. v. Nw. Kansas Prod. Credit Ass'n, 843 P.2d 741 (Kan. Ct. App. 1992).
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