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PSACO Blog

Sworn and Unsworn Affidavits

by | May 22, 2021 | Uncategorized

Colorado Supreme Court has authorized the use of Unsworn Affidavits per

  • 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 stated in Rule, use C.R.C.P. Rule 304 (g)

If you are using State forms, such as JDF 98, if the form contains a notary block, the Affidavit must be notarized, no exceptions. Ensure your software vendor, revises your Affidavits to be in compliance with Colorado law.

Sworn Affidavits contain a Notary Block and require notarization. Unsworn Affidavit to not contain a notary block, however contains specific language and format, required 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 at Greenwood Village, Colorado

Should you have an Affidavit rejected, please provide a copy of the rejected Affidavit to admin@psaco.org for review.

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