Under Washington State Court Rules, how do courts treat unsworn statements versus affidavits? Here’s my point of view.
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Unsworn Statements Versus Affidavits (WA State)
In Washington State, General Rule (GR) 13* simplifies how parties can submit sworn statements in court. Traditionally, an affidavit—a written statement confirmed by oath before a notary public—was required to prove or support many types of filings. GR 13* modernizes this process by allowing unsworn statements made under penalty of perjury to serve the same purpose in most circumstances.
What GR 13 Allows
When a law or rule requires a matter to be “supported or proved by affidavit,” it may instead be supported by a written statement, declaration, verification, or certificate that:
1. States it is made under penalty of perjury;
2. Includes the date and place of signing; and
3. Declares it is made under the laws of Washington State.
The rule provides a sample form:
——–
“I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.”
(Date and Place) (Signature)
——–
When GR 13 Does Not Apply
There are important exceptions. Under GR 13(b)*, the rule does not apply to documents that legally require an acknowledgment (such as deeds), oaths of office, or oaths that must be administered before a specific official other than a notary.
Implications
For both attorneys and self-represented litigants, GR 13* streamlines filings by eliminating the need for notarization in most court documents. This can save time, reduce costs, and make legal processes more accessible—particularly when remote filing or urgent deadlines are involved.
When drafting pleadings, declarations, or motions that previously required an affidavit, Washington practitioners can confidently rely on GR 13*—provided the unsworn statement contains the correct language and complies with GR 30’s* electronic signature requirements.
In short, GR 13* brings efficiency and flexibility to Washington’s legal system without compromising the integrity of sworn testimony.
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–gw