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PSACO Blog

Sworn and Unsworn Affidavits

by | May 22, 2021 | Uncategorized

The Colorado Supreme Court has authorized the use of unsworn affidavits in accordance with the following rules:

* C.R.C.P. Rule 4 (h): Manner of Proof

* C.R.C.P. Rule 45 (4): Proof of Service

* C.R.C.P. Rule 304 (g): Manner of Proof

* C.R.C.P. Rule 345 (4): Not explicitly stated in Rule 45, use C.R.C.P. Rule 304 (g)

If you are using state forms, such as JDF 98, and the form contains a notary block, the affidavit must be notarized, with no exceptions. Ensure that your software vendor updates your affidavits to comply with Colorado law.

Sworn affidavits contain a notary block and require notarization. Unsworn affidavits, however, do not contain a notary block and must adhere to specific language and format requirements mandated by Colorado law to be accepted by the Colorado Courts.

Example:

I declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct.

Executed on May 22, 2021, in Greenwood Village, Colorado

Should an affidavit be rejected, please provide a copy of the rejected affidavit to admin@psaco.org for review..

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