What is a Statutory Declaration? A Comprehensive Legal Guide

Definition & Meaning

A statutory declaration is a formal statement made by an individual, known as the deponent, under the authority of a statute. This declaration asserts knowledge of specific circumstances, events, or facts and must be made in a prescribed manner. It is typically witnessed by a commissioner of oaths, a justice of the peace, or a notary public. While similar to an affidavit, a statutory declaration is generally used in situations outside of judicial proceedings.

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Real-world examples

Here are a couple of examples of abatement:

1. A person may use a statutory declaration to confirm their identity when applying for a passport, stating their personal details and affirming their citizenship.

2. A business owner might submit a statutory declaration to verify the authenticity of documents required for a loan application. (hypothetical example)

State-by-state differences

State Key Differences
California Statutory declarations can be used in lieu of affidavits in certain situations.
New York Specific forms and language must be used as per state regulations.
Texas Statutory declarations are often used in business transactions to confirm facts.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Description Key Differences
Affidavit A written statement confirmed by oath or affirmation. Affidavits are typically used in judicial proceedings, while statutory declarations are often used outside of court.
Declaration A formal statement or announcement. Statutory declarations are legally binding and made under specific statutory authority.

What to do if this term applies to you

If you need to make a statutory declaration, start by gathering the necessary information you need to assert. Ensure that you understand the specific requirements in your state. You can use US Legal Forms to find ready-to-use templates that simplify the process. If your situation is complex, consider seeking advice from a legal professional to ensure compliance with all legal standards.

Quick facts

  • Typical Fees: Varies by state and witness fees.
  • Jurisdiction: Applicable in all U.S. states, with specific state regulations.
  • Possible Penalties: Falsifying a statutory declaration can lead to legal penalties, including fines or imprisonment.

Key takeaways

Frequently asked questions

It is used to assert facts or circumstances under statutory authority, often for administrative purposes.