No Need to be Swearing!

05/29/2024 10:30 AM | Dawn Anastasi (Administrator)

By Attorney Heiner Giese, RPA Legal Counsel

You won’t need to use a notary public anymore when filing documents in court such as an affidavit of service for a notice terminating tenancy or a process server’s affidavit regarding service of a summons and complaint. The current requirements for a “declaration under oath” were replaced effective March 29, 2024 by 2023 Wisconsin Act 245. Here is an explanation from the State Bar of Wisconsin:

The new legislation permits unsworn declarations to be used in place of affidavits in most civil litigation settings. Specifically, the law amends Wis. Stat. § 887.015. The new law provides that the unsworn declaration must be in substantially the following form:

I declare under penalty of false swearing under the law of Wisconsin that the foregoing is true and correct.

Signed on the ___ day of _______[month], ____ [year], at __________ [city or other location, and state or country].

The newly enacted version of § 887.015 provides that where the law of Wisconsin requires or permits use of a sworn statement (e.g., a notarized affidavit), a declaration under penalty of false swearing may be used instead. The statute identifies five exceptions where an unsworn declaration may not be used, including for a deposition, an oath of office, or a deed or other real estate instrument intended to be recorded.

The RPA will contact Milwaukee City Attorney Evan Goyke to ask for changes to City forms now requiring a notarization, such as the Property Registration forms.

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Rental Property Association of Wisconsin, Inc. (Formerly AASEW)
P.O. Box 4125
Milwaukee, WI 53204-7905
Phone: 414-276-7378

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