28 U.S.C. § 1746
Section 1746 · Unsworn declarations under penalty of perjury
Amended 1 time on record
Applied in 1,449 court decisions — leading case Marrama v. Citizens Bank of Mass. (2007)
Most recently applied in Carmen Lamonaco v. Experian Information Solutions, Inc. (July 2025)
Applied most in the First Circuit Circuit (80 decisions)
Cases citing this section usually also cite 42 U.S.C. § 1983 · 28 U.S.C. § 1291 · 28 U.S.C. § 636
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:
(1) If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).
(Signature)”.
(2) If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).
(Signature)”.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior Provisions
A prior section 1746 was renumbered section 1745 of this title.