DE SB262 | 2009-2010 | 145th General Assembly

Status

Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on July 2 2010 - 100% progression
Action: 2010-07-02 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

Summary

This Bill adopts the Uniform Unsworn Foreign Declarations Act (“UUFDA”), promulgated by the Uniform Law Commission in 2008. Declarations of persons abroad are routinely received in state and federal courts and agencies. Many of the declarations are affidavits and other documents sworn to by declarants before authorized officials in United States embassies and consulate offices. Affiants in foreign countries with information relevant to U.S. proceedings or transactions typically visit the U.S. consular office to finalize their affidavit or statement in a manner similar to a person within the United States visiting a notary public. In recent years, and particularly after the September 11, 2001 terrorist attacks, access to U.S. embassies and consulates has become more difficult because of closings or added security. As a result, obtaining appropriately sworn foreign declarations for court or agency use has become much more difficult in the post-9/11 environment. The goals of UUFDA are to address this situation and to harmonize state and federal law in this area. This Bill would alleviate the burden of a foreign affiant in providing important information for state proceedings, while at the same time helping to reduce congestion in U.S. consular offices and allowing U.S. consular officials to increase focus on core responsibilities. This Bill advances this goal by affirming the use in state legal proceedings of unsworn declarations made by declarants who are physically outside the boundaries of the United States when making the declaration. If an unsworn declaration is made subject to penalties for perjury and contains the information in the model form provided, then the statement may be used as an equivalent of a sworn declaration. UUFDA excludes use of unsworn declarations for depositions, oaths of office, oaths related to self-proved wills, declarations recorded related to real estate, and oaths required to be given before specified officials other than a notary. UUFDA will extend to state proceedings the same flexibility that federal courts have employed for over 30 years. Since 1976, federal law (28 U.S.C. 1746) has allowed an unsworn declaration executed outside the United States to be recognized and valid as the equivalent of a sworn affidavit if it contained an affirmation substantially in the form set forth in the federal act. Finally, UUFDA harmonizes state and federal treatment of unsworn declarations and will reduce aspects of confusion abroad regarding differences in federal and state litigation practice. This Bill also updates the state’s perjury statutes to include unsworn declarations made pursuant to UUFDA.

Tracking Information

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Title

An Act To Amend Title 10 And Title 11 Of The Delaware Code Relating To Unsworn Foreign Declarations.

Sponsors


Roll Calls

2010-06-22 - House - House Third Reading (Y: 39 N: 0 NV: 0 Abs: 2) [PASS]
2010-06-08 - Senate - Senate Third Reading (Y: 20 N: 0 NV: 0 Abs: 1) [PASS]

History

DateChamberAction
2010-07-02 Signed by Governor
2010-06-22 Passed by House of Representatives. Votes: Passed 39 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT
2010-06-16 Reported Out of Committee (JUDICIARY) in House with 6 On Its Merits
2010-06-09 Introduced and Assigned to Judiciary Committee in House
2010-06-08 Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2010-06-02 Reported Out of Committee (JUDICIARY) in Senate with 5 On Its Merits
2010-05-11 Assigned to Judiciary Committee in Senate

Delaware State Sources


Bill Comments

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