Also known as: penalty of perjury · under penalty of perjury · under penalties of perjury
Written by attorneys · grounded in primary & secondary sources — see below
A formal declaration or statement made under oath or affirmation that subjects the declarant to criminal liability for perjury if the statement is false. The declaration must be in writing and subscribed as true under penalty of perjury, often with a date and signature, to carry the same force as a sworn affidavit. This mechanism allows unsworn statements to satisfy legal requirements for verification while exposing the declarant to perjury sanctions for material falsehoods.
Pedro Pacheco testifies at trial that he never cleared an injured player to return. Counsel offers his earlier sworn statement from a league grievance proceeding in which he admitted clearing the player despite ongoing symptoms. Because the prior statement was given under penalty of perjury in a formal proceeding and contradicts his trial testimony, the court admits it as non-hearsay for its truth.
Phoebe Park submits a genetic testing report in a parentage case. The report is signed under penalty of perjury by a laboratory designee and states that the tested individual is the genetic parent. The court treats the report as self-authenticating and admits it without further testimony from the laboratory.
Select any source to read its text and confirm it supports the definition.
The statement must be in writing, subscribed by the declarant as true under penalty of perjury, and dated. It may follow the model language in 28 U.S.C. § 1746 depending on whether it is executed inside or outside the United States.
Supporting sources
Yes. Under Fed. R. Evid. 801(d)(1)(A), a prior inconsistent statement is not hearsay only when the declarant testifies and is subject to cross-examination and the statement was given under penalty of perjury at a trial, hearing, other proceeding, or deposition.
Supporting sources
A report is self-authenticating when it is in a record and signed under penalty of perjury by a designee of the testing laboratory, satisfying the requirements of Unif. Parentage Act § 505(a).
Supporting sources
Yes. The oath or affirmation requirement is satisfied by any form that impresses the duty of truthfulness on the witness's conscience, even if the witness refuses traditional wording referencing penalty of perjury.
Supporting sources