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Committee considers allowing unsworn declarations in civil proceedings
Summary
Sen. Wendy DeBoer’s LB 1080 would permit unsworn declarations in civil court filings where affidavits are currently required; proponents said declarations make oath language clearer and reduce notary burden, while the committee discussed narrow scope and protections against fraud.
Senator Wendy DeBoer introduced LB 1080 to allow the use of unsworn declarations in civil proceedings in place of affidavits in certain circumstances, arguing the change will reduce barriers for litigants (especially in rural areas) who must currently find and pay a notary.
John Lennich, who authored a memorandum for the committee, testified the bill is narrow and limited to civil-court procedure rather than property transactions such as wills or deeds. He said unsworn declarations place an explicit perjury warning directly above the signature line, which may make signers more aware they are attesting under penalty of perjury than a notarized affidavit where notaries rarely administer an oath in practice.
Committee members asked about fraud risk and scope — whether the change could extend to petition affidavits or other statutes — and Lennich said the bill intentionally limits declarations to civil-court proceedings where adversarial mechanisms (depositions, cross-examination) reduce the incentive to fabricate declarations. The committee did not take immediate final action and will consider the bill and any technical refinements.
