2016 North Dakota Century Code Title 31 Judicial Proof Chapter 31-14 Uniform Unsworn Foreign Declarations Act
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CHAPTER 31-14
UNIFORM UNSWORN FOREIGN DECLARATIONS ACT
31-14-01. Definitions.
In this chapter:
1. "Boundaries of the United States" means the geographic boundaries of the United
States, Puerto Rico, the United States Virgin Islands, and any territory or insular
possession subject to the jurisdiction of the United States.
2. "Law" includes the federal or a state constitution; a federal or state statute; a judicial
decision or order; a rule of court; an executive order; and an administrative rule,
regulation, or order.
3. "Record" means information that is inscribed on a tangible medium or that is stored in
an electronic or other medium and is retrievable in perceivable form.
4. "Sign" means with present intent to authenticate or adopt a record:
a. To execute or adopt a tangible symbol; or
b. To attach to or logically associate with the record an electronic symbol, sound, or
process.
5. "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
6. "Sworn declaration" means a declaration in a signed record given under oath. The
term includes a sworn statement, verification, certificate, and affidavit.
7. "Unsworn declaration" means a declaration in a signed record that is not given under
oath but is given under penalty of perjury.
31-14-02. Applicability.
This chapter applies to an unsworn declaration by a declarant who at the time of making the
declaration is physically located outside the boundaries of the United States whether or not the
location is subject to the jurisdiction of the United States. This chapter does not apply to a
declaration by a declarant who is physically located on property that is within the boundaries of
the United States and subject to the jurisdiction of another country or a federally recognized
Indian tribe.
31-14-03. Validity of unsworn declaration.
1. Except as otherwise provided in subsection 2, if a law of this state requires or permits
use of a sworn declaration, an unsworn declaration meeting the requirements of this
chapter has the same effect as a sworn declaration.
2. This chapter does not apply to:
a. A deposition;
b. An oath of office;
c. An oath required to be given before a specified official other than a notary public;
d. A document intended for recording in the real estate records in the office of
county recorder; or
e. An oath required by section 30.1-08-04.
31-14-04. Required medium.
If a law of this state requires that a sworn declaration be presented in a particular medium,
an unsworn declaration must be presented in that medium.
31-14-05. Form of unsworn declaration.
An unsworn declaration under this chapter must be in substantially the following form:
I declare under penalty of perjury under the law of North Dakota that the foregoing is true
and correct, and that I am physically located outside the geographic boundaries of the United
States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession
subject to the jurisdiction of the United States.
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Executed on the _____ day of __________, _____, at_____________________________,
(date)
(month) (year)
(city or other location, and state)
__________.
(country)
____________________________
(printed name)
_____________________________
(signature)
31-14-06. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global
and National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede
section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic delivery of any of the
notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
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