CHAPTER 18-7
UNIFORM UNSWORN DOMESTIC DECLARATIONS ACT
18-7-1 Short title.
18-7-2 Definitions.
18-7-3 Applicability.
18-7-4 Validity of unsworn declaration.
18-7-4.1 Unsworn declaration--Court filing not notarized.
18-7-5 Required medium.
18-7-6 Form of unsworn declaration.
18-7-7 Uniformity of application and construction.
18-7-8 Relation to Electronic Signatures in Global and National Commerce Act.
18-7-1. Short title.
This chapter may be cited as the Uniform Unsworn Domestic Declarations Act.
Source: SL 2018, ch 128, § 1.
18-7-2. Definitions.
The terms in this chapter mean:
(1) "Boundaries of the United States," 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 a statute, judicial decision or order, rule of court, executive order, and administrative rule, regulation, or order;
(3) "Record," 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," 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) "Sworn declaration," a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit;
(6) "Unsworn declaration," a declaration in a signed record not given under oath but is given under penalty of perjury.
Source: SL 2018, ch 128, § 2; SL 2019, ch 101, § 1.
18-7-3. Applicability.
This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located within the boundaries of the United States.
Source: SL 2018, ch 128, § 3.
18-7-4. Validity of unsworn declaration.
Except as otherwise provided in this section, 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.
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;
(5) Any declaration, oath, or verification required under title 2 or 12; or
(6) An oath required by § 29A-2-504.
Source: SL 2018, ch 128, § 4.
18-7-4.1. Unsworn declaration--Court filing not notarized.
Unless specifically required by statute or court rule, a pleading, motion, affidavit, or other document filed with a court of this state, or presented to a judge or judicial officer in support of a request for a court order, warrant, or other relief, is not required to be notarized. Signing a document filed with the court or presented to a judge or judicial officer constitutes an “unsworn declaration", as defined in subdivision 18-7-2(6), without administration of an oath or notarized signature, provided that the signature, as defined by court rules, is affixed immediately below a declaration using substantially the following language: "I declare under penalty of perjury under the law of South Dakota that the foregoing is true and correct". In addition to the signature, the date of signing, the city or other location, and state where the document was signed shall be noted on the document.
Source: Supreme Court Rule 24-11, eff. Sept. 5, 2024.
18-7-5. 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 the same medium.
Source: SL 2018, ch 128, § 5.
18-7-6. 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.
Signed on the ___ day of _____, _____, at ________________________________.
Date Month Year City or other location, state
________________
Printed Name
________________
Signature
Source: SL 2018, ch 128, § 6.
18-7-7. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source: SL 2018, ch 128, § 7.
18-7-8. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Source: SL 2018, ch 128, § 8.
