Whenever these rules require or permit a written statement to be made under oath or affirmation, the statement may be made as provided in Idaho Code Section 9-1406. An affidavit includes a written certification or declaration made as provided in Idaho Code section 9-1406.
Rule 2.7.Declarations
Title I: General Administration · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 2.7 lets any statement these rules require to be sworn or affirmed instead be made through Idaho's statutory declaration procedure, and treats a compliant certification or declaration as an affidavit.
Full Text of Rule 2.7
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Many rules call for a statement made under oath, typically an affidavit signed and sworn before a notary or other official. Rule 2.7 offers an alternative: a written certification or declaration made as provided in Idaho Code Section 9-1406, which lets a person sign under penalty of perjury without appearing before a notary. Wherever these rules ask for something under oath or affirmation, this statutory declaration procedure satisfies that requirement.
The rule also folds the two concepts together for purposes of civil procedure: an affidavit, as the rules use the term, includes a written certification or declaration made under Idaho Code Section 9-1406. That means a party does not have to track down a notary just to submit a sworn statement in support of a motion or other filing; a properly executed declaration works the same way.
Frequently Asked Questions
Do I need a notary to make a sworn statement in an Idaho civil case?
Not necessarily. Rule 2.7 lets a written certification or declaration made under Idaho Code Section 9-1406 substitute for a traditional notarized affidavit wherever these rules call for a statement under oath.
What is a declaration under Idaho Code Section 9-1406?
It is a statutory procedure that lets a person sign a written statement under penalty of perjury, without swearing before a notary or other official authorized to administer oaths.
Is a declaration treated the same as an affidavit under the Idaho Rules of Civil Procedure?
Yes. Rule 2.7 defines an affidavit, for purposes of these rules, to include a written certification or declaration made as provided in Idaho Code Section 9-1406.
When would I need an affidavit or declaration in a civil case?
Various rules call for sworn support of a motion or filing, such as showing good cause or establishing facts outside the pleadings. Rule 2.7 governs the form that sworn or affirmed statement can take.
Can I use a declaration instead of a sworn affidavit to support a motion?
Yes, so long as the declaration is made as provided in Idaho Code Section 9-1406. Rule 2.7 treats it as equivalent to an affidavit wherever these rules require a statement under oath or affirmation.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
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