Nev. Rev. Stat. » NRS: CHAPTER 53 - AFFIDAVITS; FOREIGN DEPOSITIONS
Nevada Revised Statutes

Nev. Rev. Stat. § 53.045 (2026)

Use of unsworn declaration in lieu of affidavit or other sworn declaration; exception

✓ current as of July 2026
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NRS 53.045  Use of unsworn declaration in lieu of affidavit or other sworn declaration; exception.  Any matter whose existence or truth may be established by an affidavit or other sworn declaration may be established with the same effect by an unsworn declaration of its existence or truth signed by the declarant under penalty of perjury, and dated, in substantially the following form:

 

       1.  If executed in this State: “I declare under penalty of perjury that the foregoing is true and correct.”

 

       Executed on..................................................                                                           

                                            (date)                                               (signature)

 

       2.  Except as otherwise provided in NRS 53.250 to 53.390, inclusive, if executed outside this State: “I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct.”

 

       Executed on..................................................                                                           

                                            (date)                                               (signature)

 

      (Added to NRS by 1993, 2741; A 2001, 2349; 2011, 15)

INTERSTATE DEPOSITIONS AND DISCOVERY (UNIFORM ACT)

     

Notes of Decisions
Cited in 30 cases (14 in the last 5 years), 1997–2025 · leading case: Buckwalter v. Eighth Jud. Dist. Court, 234 P.3d 920 (Nev. 2010).
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Buckwalter v. Eighth Jud. Dist. Court, 234 P.3d 920 (Nev. 2010). · cites it 9× “: This original writ proceeding asks us to decide whether a medical expert’s declaration under penalty of perjury as provided in NRS 53.045 can satisfy the affidavit requirement stated in NRS 41A.”
State, Dep't of Motor Vehs. v. Bremer, 942 P.2d 145 (Nev. 1997). · cites it 8× “The DMV, however, points to the fact that the 1993 legislature also enacted NRS 53.045: 1. Except as otherwise provided in subsection 2, any matter whose existence or truth may be established by an affidavit or other sworn declaration may be established with the same effect by…”
MountainView Hosp., Inc. v. Eighth Jud. Dist. Court of the State of Nevada ex rel. Cnty. of Clark, 273 P.3d 861 (Nev. 2012). · cites it 2× “is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit, supporting the allegations contained in the action, submitted by a medical expert who practices or has practiced in an area that is…”
Einhorn v. BAC Home Loans Servicing, LP, 290 P.3d 249 (Nev. 2012). “See NRS 53.045 (signed declaration under penalty of perjury as to the existence or truth of a matter is the equivalent of an affidavit); Buckwalter v.”
Mesi Vs. Mesi, 2020 NV 89 (Nev. 2020). · cites it 2× “See NRS 53.045. Eric opposed the motion and did not demand a live hearing.”
Myers v. Haskins, 513 P.3d 527 (Nev. 2022). · cites it 2× “countermotion with a declaration, See NRS 53.045 (permitting an unsworn declaration signed by the declarant under penalty of perjury in lieu of an affidavit).”
Bolden (jason) Vs. State, 2021 NV 28 (Nev. 2021). · cites it 14× “court should have rejected the State's motion as rogue. Granted, NRS 173.”
In Re Greene, 346 B.R. 835 (Bankr. D. Nev. 2006). “See, NRS 53.045. *844 The second instance was Debtor’s statement to the City of Sparks Municipal Court on May 2, 2006 that he intended to vacate the property.”
Bolden (jason) Vs. State, 2021 NV 28 (Nev. 2021). · cites it 10× “of any court, duly appointed and sworn, when transcribed and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie evidence of such testimony and proceedings."). Bolden takes a literalist's approach.”
Smith v. State, 545 P.3d 716 (Nev. 2024). “Such a declaration satisfies NRS 53.045 calling for an affidavit. We use the terms interchangeably here.”
Koerschner v. Warden, 508 F. Supp. 2d 849 (D. Nev. 2007). “The Clerk of Court shall send a copy of this order to respondents’ counsel, the Federal Public Defender, petitioner, and the CJA Coordinator for this Division.”
Myers v. Haskins (child Custody), 2022 NV 51 (Nev. 2022). · cites it 6× “See NRS 53.045 (permitting an unsworn declaration signed by the declarant under penalty of perjury in lieu of an affidavit).”
Show all 30 citing cases →
— Nev. Rev. Stat. § 53.045(1) — 3 cases
MountainView Hosp., Inc. v. Eighth Jud. Dist. Court of the State of Nevada ex rel. Cnty. of Clark, 273 P.3d 861 (Nev. 2012). “is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit, supporting the allegations contained in the action, submitted by a medical expert who practices or has practiced in an area that is…”
Mountainview Hosp. v. Dist. Ct., 273 P.3d 861 (Nev. 2012).
The Bank of New York Mellon v. K & P Homes, LLC (Nev. 2017).
— Nev. Rev. Stat. § 53.045(2) — 2 cases
State, Dep't of Motor Vehs. v. Bremer, 942 P.2d 145 (Nev. 1997). “The DMV, however, points to the fact that the 1993 legislature also enacted NRS 53.045: 1. Except as otherwise provided in subsection 2, any matter whose existence or truth may be established by an affidavit or other sworn declaration may be established with the same effect by…”
Watson v. City of Henderson (D. Nev. 2024).
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