A. Except as provided by subsection B of this section, whenever under any law of this state or under any rule, order or requirement made pursuant to the law of this state, any matter is required or permitted to be supported, evidenced, established or proved by the sworn statement, declaration, verification, certificate, oath or affidavit, in writing of the person making the same, the matter may with like force and effect be supported, evidenced, established or proved by the unsworn statement in writing of the person made and signed under penalty of perjury setting forth the date and place of execution and that it is made under the laws of this state. The statement may be substantially in the following form: "I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. ______________________________ _________________________________ (Date and Place) (Signature)" The signed statement shall constitute a legally binding assertion that the contents of the statement to which it refers are true. This section shall not affect any requirement for acknowledgment of an instrument affecting real property. B. The provisions of subsection A of this section shall not apply to: 1. A deposition; 2. Any oath of office; 3. An oath required to be taken before a specified official other than a notary public; or 4. Any notarial act, oath or affidavit required by Title 26 of the Oklahoma Statutes. Added by Laws 2002, c. 468, § 2, eff. Nov. 1, 2002. Amended by Laws 2020, c. 10, § 1, emerg. eff. May 7, 2020; Laws 2021, c. 362, § 1, eff. Nov. 1, 2021.
Notes of Decisions
In re Amendment of Rules of Ok. Sup. Ct. (workers' Comp. Ct.), 2023 OK 5.
· cites it 2× “If the third-party commercial carrier does not provide the date the document was received by the carrier, the Court will require the person who sent the petition to submit a notarized statement or declaration in compliance with 12 O.S. § 426 setting out the details of the filing…”
In re Amendment of Oklahoma Supreme Court Rule 1.4., 2023 OK 44.
· cites it 2× “If the third-party commercial carrier does not provide the date the document was received by the carrier, the Court will require the person who sent the petition to submit a notarized statement or declaration in compliance with 12 O.S. § 426 setting out the details of the filing…”
Video Gaming Tech. v. Rogers Cnty. Bd. of Tax Roll Corr., 2019 OK 83.
“12 O.S.2011, § 426. 2 A. All property, both real and personal, having an actual, constructive or taxable situs in this state, shall, except as hereinafter provided, be listed and assessed and taxable in the county, school districts, and municipal subdivision thereof, where…”
Wishon v. Hammond, 2023 OK CIV APP 36, 538 P.3d 1197.
“Looking to the materials alone, a portion of the evidence relied on are "Witness Statements" prepared for the purpose of this litigation that are neither sworn nor signed under penalty of perjury pursuant to 12 O.S.2011, § 426. I acknowledge that Davis allowed a letter in a…”
Dixon v. State, 2010 OK CR 3, 228 P.3d 531.
“A "verified" application is one that is either notarized or given before a person authorized to administer oaths or is one that is signed under penalty of perjury as specified under 12 O.S.Supp.2002, § 426. Rule 1.13(L). Additionally, parties should recognize under 22 0.”
In re Amendment of Rules of Ok. Sup. Ct. (workers' Comp. Ct.), 2023 OK 5.
· cites it 2× “If the third-party commercial carrier does not provide the date the document was received by the carrier, the Court will require the person who sent the petition to submit a notarized statement or declaration in compliance with 12 O.S. § 426 setting out the details of the filing…”
Shoptaw v. State ex rel. Dep't of Pub. Saf., 2016 OK CIV APP 32, 370 P.3d 1217.
“rking lot, or other public place, or upon a private road, street, alley or lane which provides access to one or more single or multi-family dwelling within this state while under the influence of alcohol and/or other intoxicating substances as prohibited by law, as indicated in…”
State ex rel. Wright v. Oklahoma Corp. Comm'n, 2011 OK CIV APP 91, 259 P.3d 899.
“This generally constituted the law on this point prior to the Legislature's enactment in 2002 of 12 O.S. § 426. T 12 Citing $ 426, Plaintiffs argue that verification does not require swearing before a notary or even swearing at all.”
In re Rules Creating & Controlling the Oklahoma Bar Ass'n, 2019 OK 73.
· cites it 2× “Said application shall include an affidavit (or unsworn statement under penalty of perjury pursuant to 12 O.S. § 426) which: (a) lists each state or territory of the United States, the District of Columbia, or foreign country in which the out-of-state attorney is admitted; and…”
League of Women Voters of Oklahoma v. Ziriax, 2020 OK 26, 463 P.3d 524.
· cites it 2× “A statement signed, dated, and declared made under the penalty of perjury as set forth in 12 O.S.2011, § 426 carries the force and effect of an affidavit "under any law of Oklahoma or under any rule, order, or requirement made pursuant to the law of Oklahoma" except for a…”
In re Amendment of Rules 1.4 & 1.23 of Okla. Supreme Court Rules, 2021 OK 23.
· cites it 2× “If the third-party commercial carrier does not provide the date the document was received by the carrier, the Court will require the person who sent the petition to submit a notarized statement or declaration in compliance with 12 O.S. § 426 setting out the details of the filing…”
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