Also known as: under penalties of perjury · penalty of perjury
Written by attorneys · grounded in primary & secondary sources — see below
A form of attestation by which a person affirms that statements in a writing or testimony are true. Falsehoods in such a declaration expose the declarant to criminal liability for perjury. The phrase substitutes for a formal oath in many statutory and procedural contexts.
Ursula Ung testifies at trial that a safety guard on the press had functioned properly. The plaintiff offers her earlier deposition transcript in which she admitted the guard had been removed for days. Because the deposition was given under penalty of perjury, the court admits the transcript as nonhearsay for its truth.
Umar Underwood seeks to establish paternity. The laboratory submits a report stating that genetic markers match those of the child. The report is signed under penalty of perjury by the laboratory designee and is therefore self-authenticating without further testimony.
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A prior inconsistent statement is nonhearsay when the declarant testifies at trial and is subject to cross-examination and the statement was given under penalty of perjury at a trial, hearing, other proceeding, or deposition. The statement may then be considered for its truth.
The report must be in a record and signed under penalty of perjury by a designee of the testing laboratory. Once those formalities are met, the report is self-authenticating and admissible without live testimony.
Yes. Subscribing to a statement under penalty of perjury is the functional equivalent of taking an oath and supports a perjury prosecution if the statement is false.