Declarations Under Penalty of Perjury in Washington Family Court

Why declarations matter so much

Much of a Washington family law case is decided on paper. A party seeking a temporary parenting plan or a modification must submit an affidavit setting out the facts (RCW 26.09.270), a proposed temporary parenting plan must be accompanied by an affidavit or declaration with specific information (RCW 26.09.194(1)), and a petition to modify child support is heard on affidavits, the petition, the answer, and the worksheets unless the court authorizes oral testimony or the parties agree to arbitration (RCW 26.09.175(6)). The statewide motion forms warn that the court may not allow you to testify at a motion hearing.

A declaration can replace an affidavit

Under GR 13(a), whenever a matter is required or permitted to be supported or proved by affidavit, it may instead be supported by an unsworn written statement, declaration, verification, or certificate. The statement must say:

• that it is certified or declared by the person to be true under penalty of perjury;
• the date and place where it was signed; and
• that it is certified or declared under the laws of the State of Washington.

GR 13 gives this sample: “I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct,” followed by the date and place and the signature. The rule does not apply to writings that require an acknowledgment, to oaths of office, or to oaths that must be taken before a special official other than a notary public (GR 13(b)).

The statute says the same thing in its own words: if Washington law requires or permits a sworn declaration, an unsworn declaration that meets chapter 5.50 RCW has the same effect (RCW 5.50.030(1)). The exceptions in the statute are depositions, oaths of office, oaths required to be given before a specified official other than a notary public, and declarations to be recorded under Title 64 or 65 RCW (RCW 5.50.030(2)).

The statewide Declaration form

The Declaration (FL All Family 135) (revised 05/2016) is an optional form anyone in the case can use, including a witness who is not a party. It ends with: “I declare under penalty of perjury under the laws of the state of Washington that the facts I have provided on this form (and any attachments) are true,” followed by the number of pages attached, the city and state where it was signed, and the date. The form tells you to number attached pages and warns that page limits may apply.

Many other statewide forms carry the same kind of signature line, including the petitions, the Financial Declaration, and a proposed Parenting Plan, where the parent declares that the plan was proposed in good faith. Child support worksheets must be completed under penalty of perjury (RCW 26.19.035(3)).

Signing electronically

Under GR 30, attorneys and nonattorneys may use an electronic signature to sign electronic documents signed under penalty of perjury. Those documents must include attestation language substantially similar to GR 13, and the signer provides a printed name and, if available, a mailing address, email address, and phone number. Whether your county accepts electronic filing is a local question; see the family court guide.

What goes in the public file

The Declaration form warns that documents filed with the court are available for anyone to see unless they are sealed. Financial, medical, and confidential reports described in GR 22 must be sealed by filing them separately with a sealed cover sheet (FL All Family 011, 012, or 013), and you may ask for an order to seal other documents.

Penalty of perjury is not a formality

For the perjury statutes, a statement declared true under penalty of perjury under chapter 5.50 RCW is treated as made under oath (RCW 9A.72.010(3)(c)). Perjury in the first degree, a materially false statement made in an official proceeding under an oath required or authorized by law, knowing it to be false, is a class B felony (RCW 9A.72.020).

Primary sources

Laws, rules and forms change. Check the current version at the source before you file.

• GR 13, unsworn statement in lieu of affidavit
• RCW 5.50.030, validity of unsworn declaration
• RCW 5.50.050, form
• GR 30, electronic filing and signatures
• GR 22, access to family law records
• RCW 26.09.270, affidavits required
• RCW 26.09.194, proposed temporary parenting plan
• RCW 26.09.175, modification of child support
• RCW 26.19.035, worksheets under penalty of perjury
• RCW 9A.72.010, definitions
• RCW 9A.72.020, perjury in the first degree
• Declaration, FL All Family 135