April 3, 2024 – Gov. Tony Evers on March 27 signed 2023 Wisconsin Act 245 into law. Known as the Uniform Unsworn Declarations Act, the law eliminates the need to find a notary before filing court documents that must be signed under oath.

The Wisconsin Judicial Council – a 21-member public body that studies the rules of pleading, practice, and procedure, and advises the Wisconsin Supreme Court and the Legislature on changes that will simplify procedures and promote efficiency – recommended the change.

Act 245 aligns Wisconsin law with 28 U.S.C. § 1746, a law that has been used in federal courts since 1976.

Unsworn Declarations

The new legislation permits unsworn declarations to be used in place of affidavits in most civil litigation settings, including when submitting evidence on summary judgment, preliminary injunction, and other motions.

The new law simplifies the presentation of evidence for attorneys who no longer need to coordinate getting their clients’ signatures notarized in the midst of meeting a motion deadline, for instance. It also simplifies procedures for pro se litigants who may not have easy access to a notary or have the financial ability to pay a notary’s fees.

Specifically, the law amends Wis. Stat. § 887.015, which previously allowed persons located outside of the U.S. to provide a declaration under penalty of false swearing in lieu of an affidavit notarized by a notary or other official authorized to administer oaths. The new legislation makes the procedure applicable for the first time to persons located within Wisconsin or another U.S. state. The change is part of a move toward uniform laws across the states.

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.

Effective March 29

The bill, Senate Bill 29, was introduced by Sens. Van Wanggaard, Joan Ballweg, and Eric Wimberger, and it was cosponsored by Reps. Ron Tusler, Nik Rettinger, Jeffrey Mursau, Elijah Behnke and Marisabel Cabrera. Rep. Darrin Madison later signed on as an additional co-sponsor.

The Senate passed SB 29 on March 22, 2023. The Assembly passed the bill on Feb. 15, 2024. The law went into effect on March 29, 2024.

The Judicial Council extends its thanks to Sen. Wanggaard and Rep. Tusler, who chair the Judiciary Committees in their respective houses and both of whom are members of the Judicial Council, for their efforts to advance this important legislation.