18-6-1
Short title.
18-6-2
Definitions.
18-6-3
Applicability.
18-6-4
Validity of unsworn declaration.
18-6-5
Required medium.
18-6-6
Form of unsworn declaration.
18-6-1. Short title.
This chapter may be cited as the Uniform Unsworn Foreign Declarations Act.
Source: SL 2012, ch 257, § 1 (Supreme Court Rule 12-03), eff. July 1, 2012.
18-6-2. Definitions.
In this chapter:
(1) "Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
(2) "Law" includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order.
(3) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4) "Sign" means, with present intent to authenticate or adopt a record:
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record an electronic symbol, sound, or process.
(5) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(6) "Sworn declaration" means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit.
(7) "Unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
Source: SL 2012, ch 257, § 2 (Supreme Court Rule 12-03), eff. July 1, 2012.
18-6-3. Applicability.
This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This chapter does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.
Source: SL 2012, ch 257, § 3 (Supreme Court Rule 12-03), eff. July 1, 2012.
18-6-4. Validity of unsworn declaration.
(a) Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.
(b) This chapter does not apply to:
(1) A deposition under § 15-6-26;
(2) An oath of office;
(3) An oath required to be given before a specified official other than a notary public;
(4) A declaration to be recorded pursuant to Title 43; or
(5) An oath required by § 29A-2-504.
Source: SL 2012, ch 257, § 4 (Supreme Court Rule 12-03), eff. July 1, 2012.
18-6-5. Required medium.
If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.
Source: SL 2012, ch 257, § 5 (Supreme Court Rule 12-03), eff. July 1, 2012.
18-6-6. Form of unsworn declaration.
An unsworn declaration under this chapter must be in substantially the following form:
FORM OF UNSWORN DECLARATION
I declare under penalty of perjury under the law of South Dakota that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
Executed on the ____________ day of ________________, ___________,at
(date) (month) (year)
_________________________, __________.
(city or other location, and state)(country)
___________________________________
(printed name)
___________________________________
(signature)
Source: SL 2012, ch 257, § 6 (Supreme Court Rule 12-03), eff. July 1, 2012.
