Rule 114.Oaths and Affirmations; Written Certification; and Unsworn Foreign Declarations

Rule 114 is three sentences of plumbing that decide whether a document counts as sworn.

Affirmation for oath

Where these rules require an oath, a solemn affirmation suffices. No explanation is needed and no distinction follows from the choice.

Certification for affidavit

Wherever these rules require or permit a written declaration under oath or affirmation, the statement may be made as provided in Idaho Code, Title 9 — and, the rule adds, an affidavit includes a written certification or declaration made that way.

That second sentence does real work across the ruleset. Rule 105 wants an affidavit for a venue motion, Rule 109(b)(2) for disqualification for cause, Rule 401 for mandatory disclosure, Rule 507 for summary judgment. In each, an unnotarized certification under penalty of perjury satisfies the requirement.

Declarations from outside the country

Unsworn foreign declarations are governed by Idaho's implementation of the Uniform Unsworn Foreign Declarations Act, set out in Idaho Rule of Civil Procedure 2.8. It is one of the handful of places where Rule 102(a)'s switch is thrown and a civil rule is expressly incorporated.