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Goodbye To Affidavits - Improving The Federal Affidavit Substitute Statute, Ira Shiflett

Cleveland State Law Review

Thirty years ago, Congress recognized that the costs of notarization generally outweighed the benefits. In 1976, Congress enacted 28 U.S.C. § 1746, intending to limit the circumstances in which a notary would be required. Section 1746 provides that whenever a document is required to be supported by a notarized statement other than a deposition, an oath of office, or an oath required to be taken before an official other than a notary, a declaration under penalty of perjury is a sufficient substitute. Congress recognized that it could be inconvenient to find a notary, especially on the weekends or for people …