What is a Declaration under Penalty of Perjury Form in California?

Definition & Meaning

A Declaration under Penalty of Perjury form in California is a legal document where an individual asserts that the information provided within the document is true and correct. This declaration is made without the need for a notary public, which simplifies the process of providing sworn statements. The individual signing the document is aware that providing false information can lead to severe legal consequences, including felony charges for perjury. The form must include specific language affirming the truthfulness of the statements, along with the signer’s name, signature, date, and place of execution.

Key Elements of the Declaration Under Penalty of Perjury

Several key components must be included in a Declaration under Penalty of Perjury in California:

• Written Statement: The document must clearly present the facts or testimony being declared.
• Signature: The individual must sign the declaration to validate it.
• Declaration Language: It should contain phrases like "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct."
• Date & Place: The declaration must specify the date and county in California where it was signed.

How to Fill Out the Declaration Under Penalty of Perjury

Filling out a Declaration under Penalty of Perjury involves several steps:

• Gather Information: Collect all relevant facts and details that need to be included in the declaration.
• Use the Correct Format: Ensure the document follows the standard format, including the necessary language and structure.
• Complete the Declaration: Fill in all required fields, ensuring accuracy in the information provided.
• Sign the Document: The signer must add their signature, affirming the truth of the statements made.
• Include Date and Place: Clearly state the date of signing and the county in California.

Legal Use of the Declaration Under Penalty of Perjury

This declaration serves as a legally binding statement that can be used in various legal contexts, such as:

• Court Proceedings: It can be submitted as evidence in court, replacing the need for a live witness.
• Administrative Matters: Agencies may accept this declaration in lieu of traditional affidavits.
• Legal Documents: It can be included in various legal filings where sworn statements are required.

Examples of Using the Declaration Under Penalty of Perjury

There are numerous scenarios where a Declaration under Penalty of Perjury may be utilized:

• Family Law Cases: A parent may declare facts related to custody or support issues.
• Immigration Applications: An applicant may need to affirm the truth of their personal history or circumstances.
• Property Disputes: Individuals may declare facts related to ownership or tenancy in property matters.

Who Typically Uses the Declaration Under Penalty of Perjury

This declaration is commonly used by various individuals and entities, including:

• Individuals: Anyone needing to provide a sworn statement for legal purposes.
• Attorneys: Legal professionals may prepare this declaration for clients in court cases.
• Government Agencies: Agencies may require declarations for administrative processes.

Steps to Complete the Declaration Under Penalty of Perjury

Completing this declaration involves a systematic approach:

• Step One: Identify the purpose of the declaration and the facts to be included.
• Step Two: Draft the declaration, ensuring it includes all necessary components.
• Step Three: Review the document for accuracy and completeness.
• Step Four: Sign the declaration and include the date and place of signing.
• Step Five: Submit the declaration as required for your specific legal situation.

Penalties for Non-Compliance

Failing to comply with the requirements of a Declaration under Penalty of Perjury can lead to serious consequences:

• Legal Repercussions: Providing false information can result in felony charges for perjury.
• Fines and Penalties: Individuals may face substantial fines and other legal penalties.
• Impact on Professional Licenses: Legal issues stemming from perjury can affect professional licensing and employment opportunities.