28 U.S.C. § 1746
Unsworn declarations under penalty of perjury
(Signature)”.
(Signature)”.
A prior section 1746 was renumbered section 1745 of this title.
Notes of Decisions
Cited in 3,880
cases (1,814 in the last 5 years), 1978–2026 · leading case: Price v. Philpot
Price v. Philpot (2005)
“Timely filing may be shown by a declaration in compliance with 28 U.S.C. § 1746 or by a notarized statement, either of which must set forth the date of deposit and state that first-class postage has been prepaid.”
Monica Rogers v. Henry Ford Health Sys. (2018)
“See, e.g., Appellant Br. at 8; Appellee Br.”
Darryl McGore v. Gene L. Wrigglesworth, Chief Sheriff Richard Chinelli, Administrator Ingham County Sheriff's Department (1997)
“To be viable, an extension motion must be filed within thirty days of the deficiency order, unless the prisoner makes an affirmative showing that he or she did not receive the deficiency order within the thirty days.”
United States v. Sontay Smotherman (2016)
“The government does, however, argue that Smotherman’s notice of appeal failed to conform to the third sentence of Rule 4(c)(1), which provides that “timely filing may be shown by a declaration in compliance with 28 U.S.C. § 1746 or by a notarized statement, either of which must…”
Cortez v. City of New York (2013)
“The district court rejected 85 of the plaintiffs’ interrogatory answers as not compliant with 28 U.S.C. § 1746 , which provides that where the truth of a writing is required by law to be sworn to, a written certification by the declarant that the writing is “true and correct”…”
United States v. Fernando Ceballos-Martinez (2004)
“Nevertheless, rejecting a “myopic approach to statutory construction,” the panel reads “may” in Federal Rule of Appellate Procedure 4(c)(1) to say “must,” and dismisses Defendant’s appeal because the rule required him to establish compliance with the prison mailbox rule by means…”
In Re Prison Litigation Reform Act (1997)
“The extension motion must be filed within thirty (30) days of the order; otherwise the motion may not be granted unless the prisoner makes an affirmative showing that he or she did not receive the deficiency order within the thirty (30) days.”
Oscar W. Jones v. Lou Blanas County of Sacramento (2004)
“Timely filing under this rule “may be shown by a declaration in compliance with 28 U.S.C. § 1746” setting forth the date of deposit and stating that postage has been prepaid.”
United States Ex Rel. Jane Doe v. Heart Solution, PC (2019)
“The statute, 28 U.S.C. § 1746 , provides that when a matter is required to be supported by a sworn affidavit, the matter can instead be supported by an unsworn "declaration, certificate, verification, or statement," as long as the statement is made under penalty of perjury and…”
James Maben v. Troy Thelen (2018)
“Thelen suggests that the "unsworn statements vary in their compliance with 28 U.S.C. § 1746 ." (Thelen Br. at 10 n.1.”
United States v. Donald Lawrence Ritchie, Heather Horner, Claimant-Appellant (2003)
“In ruling on a-motion for summary judgment, a court may substitute an unsworn declaration for a sworn affidavit if the declaration complies with 28 U.S.C. § 1746 . But .such documents must be based on “personal knowledge,” Fed.”
Brown v. Buhman (2016)
“is guilty of perjury”); 28 U.S.C. § 1746 (2) (permitting a declaration made under penalty of perjury to substitute for a sworn declaration, oath, or affidavit); 18 U.”
— 28 U.S.C. § 1746(1) — 2 cases
Al Kassar v. Samuels (2016)
— 28 U.S.C. § 1746(2) — 1 case
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