Background:

Declarations of persons are routinely received in courts and agencies across the country, including in Washington. In some cases, these declarations take the form of affidavits which are voluntary, written declarations of fact that are sworn to by the declarant before a notary public or other official. In other cases, these are unsworn declarations.

RCW 9A.72.085 provides that whenever any law, rule, order, or requirement requires or permits a sworn, written declaration, the matter may also be supported or evidenced by an unsworn declaration, and sets forth the format, as well as the requirements, that an unsworn declaration must meet. Such a declaration must state that it is certified or declared by the person to be true under penalty of perjury, be subscribed by the person, state the date and place of execution, and state that it is declared under Washington law. The law does not apply to: written statements requiring an acknowledgement; depositions; oaths of office; or oaths required to be taken before a special official other than a notary public.

For purposes of RCW 9A.72.085, what it means to "subscribe" varies somewhat depending upon the person. To subscribe to an unsworn written statement, declaration, verification, or certificate is accomplished by:

affixing or placing his or her signature as required by RCW 9A.04.110. ("Signature" includes any memorandum, mark, or sign made with intent to authenticate.);
attaching or logically associating his or her digital or electronic signature as defined in RCW 19.34.020. ("Electronic signature" includes "digital signature" and means a signature in electronic form attached to or logically associated with an electronic record.);
affixing or logically associating his or her signature in the manner described in General Rule 30 if he or she is a licensed attorney. ("Attorney signature" includes name and bar number, as well as contact information); or
affixing or logically associating his or her full name, department or agency, and badge or personnel number to any document that is electronically submitted to a court, a prosecutor, or a magistrate from an electronic device that is owned, issued, or maintained by a criminal justice agency if he or she is a law enforcement officer.

In 2008, the National Conference of Commissioners on Uniform State Laws (NCCUSL) issued the Uniform Unsworn Foreign Declarations Act (UUFDA), which explicitly allows persons physically located outside the geographic boundaries of the United States (U.S.), Puerto Rico, the U.S. Virgin Islands, and territories or possessions subject to U.S. jurisdiction to submit unsworn declarations in lieu of other sworn statements. The UUFDA parallels a longstanding federal law.

In 2011, Washington adopted the UUFDA. Under the UUFDA, a person must declare under penalty of perjury under the law of Washington that the statements made therein are true and correct. An unsworn declaration must be signed by the person and indicate the date and place of execution. The UUFDA does not apply to a deposition, oath of office, or an oath required to be given before a specified official other than a notary public.

The UUFDA does not allow unsworn declarations to be used in place of declarations to be recorded pursuant to certain real estate and business partnership laws and certain oaths related to wills. If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration under the UUFDA must be presented in that medium also. In interpreting the UUFDA, courts must consider the need to promote uniformity of the law regarding unsworn declarations among the states that adopt it.

In 2016, the NCCUSL issued the Uniform Unsworn Declarations Act (UUDA), the purpose of which is to permit the use of unsworn declarations made under penalty of perjury in state courts. The UUDA builds upon the UUFDA, and applies to persons physically located within or outside the boundaries of the U.S., and whether or not the location is subject to the jurisdiction of the U.S.