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Governor Evers signed 2023 Wisconsin Act 245 into law on March 27, 2024, which amended the Uniform Unsworn Declarations Act (the “Act”), Wis. Stat. § 887.015. The Act, as amended, will go into effect on March 29, 2024, and aligns Wisconsin law with federal law. Regardless of where they are located when signing, litigants in Wisconsin state courts are now permitted to use an unsworn declaration in lieu of an affidavit under oath. These amendments avoid the need for a notary. Before the amendments, an unsworn declaration in lieu of an affidavit could only be used if the declarant was located outside the United States when signing.

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The Act requires specific language be used for an unsworn declaration used in Wisconsin state courts 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].

For more information on the Act, contact Adam E. Witkov at (414) 225-8292 or aewitkov@michaelbest.com or Ena M. Allen at (414) 225-2771 or Ena.Allen@michaelbest.com.

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Amendments to the Uniform Unsworn Declarations Act Permit the Use of Unsworn Declarations in Wisconsin State Courts

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