Rule 9-I.Verifications, Affidavits, and Declarations

Group III: Pleadings and Motions · Not amended since adoption on record · Last verified July 14, 2026

In one sentenceRule 9-I governs how a pleading, affidavit, or declaration must be verified in District of Columbia civil practice, who may verify on behalf of a party, how affidavits and declarations must be formatted, and when an unsworn declaration under penalty of perjury may substitute for a sworn one.

Full Text of Rule 9-I

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Sufficiency. When verification of a pleading is required, it will be sufficient for the person verifying to swear or affirm that the person verily believes the facts stated in the pleading to be true. Verification by an individual party must be supported as set forth in Rule 9-I(e). Civil Action Form 101 satisfies this requirement.

(b) One Party May Verify. If several parties are united in interest and plead together, the verification may be made by any one of those parties.

(1) When Allowed. A verification, affidavit, or declaration may be made by an officer, agent or attorney only when;

(A) a corporation is a party;

(B) the facts are within the personal knowledge of the attorney or agent;

(D) the party is absent from the District of Columbia.

(2) Requirements. Where verification of a pleading, an affidavit, or a declaration is made on behalf of a party to an action, it must set forth the representative capacity and, in the case of a corporation, the title of a person so verifying or making the affidavit or declaration, and must contain a statement that the person has authority to verify the particular pleading or make the affidavit or declaration on behalf of the person's principal.

(d) Form of Affidavits and Declarations. Affidavits and declarations, other than verifications, must be separate and distinct from a pleading, verification, motion or other paper filed in the action. All facts contained in any affidavit or declaration submitted to the court must be expressly stated in detail in separately numbered paragraphs and must not be incorporated by reference.

(e) Unsworn Declarations.

(1) When Allowed. Unless otherwise provided by law, whenever any matter is required or permitted by these rules to be supported by the sworn written declaration, verification, certificate, statement, oath, or affidavit of a person, the matter may, with the same force and effect, be supported by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed as true under penalty of perjury, and dated, in substantially the following form, which must appear directly above the person's signature:

(A) If executed inside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States:

I declare (certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).

(B) If executed outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States: I declare under penalty of perjury under the law of the District of Columbia that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. Executed on _______ (date) day of __________ (month), ______ (year), at __________ (city or other locations, and state), _______ (country).

(2) Exclusions. Rule 9-I(e)(1) does not apply to:

(A) a deposition;

(B) an oath of office;

(D) a declaration to be recorded with the Recorder of Deeds of the District of Columbia.

Comment

This rule was amended as a result of the passage of the Uniform Unsworn Foreign Declaration Act of 2010, D.C. Code § 16-5301 et seq. and D.C. Code § 22-2402(a)(1)- (3), which post-dates the decision of the District of Columbia Court of Appeals in Cormier v. D.C. Water & Sewer Auth., 959 A.2d 658 (D.C. 2008). Consistent with federal court and the District of Columbia Court of Appeals practice, the new section (e) allows parties to file declarations that have not been notarized. D.C. Code § 22- 2402(a)(3) provides that, “[a] person commits the offense of perjury if ... [i]n any declaration, certificate, verification, or statement made under the penalty of perjury in the form specified in D.C. Code § 16-5306 or 28 U.S.C. § 1746(2), the person willfully states or subscribes as true any material matter that the person does not believe to be true and that in fact is not true.” The rule is patterned after the United States District Court for the District of Columbia's Local Rule 5.1(h); the federal declarations statute, 28 U.S.C. § 1746; and D.C. Code § 16-5306.

Plain-English Summary

When a pleading requires verification, Rule 9-I(a) sets a simple standard: the person verifying swears or affirms that they verily believe the facts stated in the pleading are true, and Civil Action Form 101 satisfies that requirement. If several parties share the same interest and plead together, Rule 9-I(b) allows any one of them to verify on behalf of the group. Verification, an affidavit, or a declaration may be made by an officer, agent, or attorney instead of the party only in specific situations under Rule 9-I(c): when a corporation is a party, when the facts are within the personal knowledge of the attorney or agent, when the party is a minor, of unsound mind, or in prison, or when the party is absent from the District of Columbia. In any of those cases, the person verifying must state their representative capacity and, for a corporation, their title, along with a statement that they are authorized to verify or make the affidavit or declaration on the party's behalf.

Rule 9-I(d) requires that affidavits and declarations, apart from verifications, stand apart from any pleading, motion, or other paper — they must be a separate document, with every fact stated in detail in separately numbered paragraphs rather than incorporated by reference to something else on file.

Rule 9-I(e) allows an unsworn declaration under penalty of perjury to substitute for a sworn statement in most circumstances, using specific language that differs depending on where it is executed. A declaration executed inside the United States, Puerto Rico, the U.S. Virgin Islands, or a U.S. territory or insular possession uses a shorter form declaring under penalty of perjury that the statement is true and correct. One executed outside those boundaries must add a statement confirming the declarant's physical location outside the United States and its territories. This substitute is not available for a deposition, an oath of office, an oath required before a specified official other than a notary public, or a declaration meant to be recorded with the Recorder of Deeds.

Frequently Asked Questions

What does verifying a pleading require under Rule 9-I?

Rule 9-I(a) requires the person verifying to swear or affirm that they verily believe the facts stated in the pleading are true. Civil Action Form 101 satisfies this requirement, and individual-party verification must also meet the requirements of Rule 9-I(e).

Can my attorney verify a pleading on my behalf instead of me?

Only in the specific situations Rule 9-I(c) lists: when a corporation is the party, when the facts are within the attorney's or agent's own personal knowledge, when the party is a minor, of unsound mind, or in prison, or when the party is absent from the District of Columbia. The attorney or agent must also state their representative capacity and authority to verify on the party's behalf.

Do affidavits need to be filed as a separate document from my motion?

Yes. Rule 9-I(d) requires affidavits and declarations, other than verifications, to be separate and distinct from any pleading, motion, or other paper, with every fact stated in detail in separately numbered paragraphs rather than incorporated by reference.

Can I file an unsworn declaration instead of a notarized affidavit?

In most situations, yes. Rule 9-I(e) allows an unsworn written declaration made under penalty of perjury, using specific required language, to substitute for a sworn affidavit or verification — except for depositions, oaths of office, oaths required before an official other than a notary public, or declarations to be recorded with the Recorder of Deeds.

Does the required declaration language change if I am located outside the United States when I sign it?

Yes. Rule 9-I(e)(1)(B) requires additional language confirming that the declarant is physically located outside the United States, Puerto Rico, the U.S. Virgin Islands, and any U.S. territory or insular possession, along with the date, location, and country where it was executed.

Source & verification. Rule text and official Comments are reproduced verbatim from the District of Columbia Superior Court Rules of Civil Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026. · Official source

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