An affidavit may be sworn to either within or without this state before any officer authorized by law to take and certify the acknowledgment of deeds conveying lands. When any rule of civil procedure requires an affidavit or other sworn declaration, an unsworn declaration under C.R.S. § 13-27-101 et seq. may be used in its place.
Rule 108.Affidavits
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 108 says any officer authorized to certify a deed acknowledgment can administer an affidavit's oath in or out of Colorado, and lets a signer use an unsworn declaration under penalty of perjury instead of a notarized affidavit whenever these rules require sworn proof.
Full Text of Rule 108
Amendment History
Amended effective March 5, 2020.
Plain-English Summary
Rule 108 sets the ground rules for affidavits used in Colorado civil cases. The oath can be administered by any officer authorized to take and certify the acknowledgment of a deed conveying land, whether that officer sits inside Colorado or in another state, so a party does not need a Colorado notary to swear to an affidavit filed in a Colorado case.
The rule also gives litigants an alternative to the formal, notarized affidavit. Wherever another rule of civil procedure calls for an affidavit or other sworn declaration, a person may instead sign an unsworn declaration under Colorado's unsworn-declaration statute, attesting under penalty of perjury that the statement is true. That option removes the need to locate a notary or other authorized officer before filing.
Frequently Asked Questions
Who can administer the oath for an affidavit filed in a Colorado civil case?
Anyone authorized by law to take and certify the acknowledgment of a deed conveying land can administer the oath, whether that officer is located inside or outside Colorado.
Do I have to use a notary to sign a sworn statement in Colorado litigation?
No. Rule 108 lets a signer use an unsworn declaration under penalty of perjury under Colorado's unsworn-declaration statute instead of a notarized affidavit whenever a rule calls for sworn proof.
What is the difference between an affidavit and an unsworn declaration under Rule 108?
An affidavit requires an oath administered by an authorized officer, while an unsworn declaration only requires the signer's written attestation, under penalty of perjury, that the statement is true.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 108). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as: affidavit rule coloradosworn statement colorado civil caseunsworn declaration under penalty of perjurynotarizing an affidavit in coloradoC.R.C.P. 108who can administer an oath colorado