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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 578 By: Floyd of the Senate
and
Munson of the House
An Act relating to civil procedure; amending 12 O.S.
2011, Section 426, as amended by Section 1, Chapter
10, O.S.L. 2020 (12 O.S. Supp. 2020, Section 426),
which relates to statement under penalty of perjury;
clarifying requirements for certain statement; and
providing an effective date .
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2011, Section 426, as
amended by Section 1, Chapter 10, O.S.L. 2020 (12 O.S. Supp. 2020,
Section 426), is amended to read as follows:
Section 426. A. Except as provided by subsection B of this
section, whenever, under any law of Oklahoma this state or under any
rule, order, or requirement made pursuant to the law of Oklahoma
this state, any matter is required or permitted to be supported,
evidenced, established , or proved by the sworn statement,
declaration, verification, certificate, oath , or affidavit, in
writing of the person making the same, the matter may with like
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force and effect be supported, evidenced, established , or proved by
the unsworn statement in writing of the person made and signed under
penalty of perjury setting forth the date and place of execution and
that it is made under the laws of Oklahoma this state. The
statement under penalty of perjury may be substantially in the
following form:
“I state under penalty of perjury under the laws of Oklahoma
that the foregoing is true and correct.
______________________________ _________________________________
(Date and Place) (Signature)”
The signed statement under penalty of perjury shall constitute a
legally binding assertion that the contents of the statement to
which it refers are true. This section shall not affect any
requirement for acknowledgment of an instrument affecting real
property.
B. The provisions of subsection A of this section shall not
apply to:
1. A deposition;
2. Any oath of office;
3. An oath required to be taken before a specified official
other than a notary public; or
4. Any notarial act, oath or affidavit required by Title 26 of
the Oklahoma Statutes.
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SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
04/07/2021 - DO PASS.