Has anyone dealt with CPRC sec. 132.001 since the last legislative session? The provision was amended to allow anyone, not just inmates, to use an unsworn declaration in lieu of "a written sworn declaration, verification, certification, oath, or affidavit required by statute or required by a rule, order, or requirement adopted as provided by law." This expansive language looks broad enough to eradicate the need for a notary in most instances, including the filing of real property records.
In theory, the threat of a perjury prosecution might discourage one from forging another's name on a sworn instrument. But, without a notary in the picture, such a prosecution will likely be reduced to a swearing contest. Am I misreading this?

Wow, did they really pass that? I think that is how California has done it for years.

The bill was HB 3674.

It was proposed and pushed by the State Bar Rules of Evidence Committee. You'd have to contact them for more information--we didn't follow it during the session.

FYI, the issue has also come up in regard to peace officers swearing out affidavits, etc.

So does this mean that an officer may "swear" to his PC affidavit in ALR case without having to have notary or another officer take the oath?

This came up in a class recently.

Janette A

No HRO report?

It's worked so well to ensure the veracity of allegations in IFP inmate litigation.