Chapter 10: Evidence · Last amended November 1, 2021 · Last verified August 3, 2026
In one sentenceSection 426 lets a person satisfy most Oklahoma sworn-statement requirements with an unsworn written statement signed under penalty of perjury instead of a notarized affidavit, while excluding depositions, oaths of office, and certain other sworn acts.
A.Except as provided by subsection B of this section, whenever under any law of this state or under any rule, order or requirement made pursuant to the law of this state, any matter is required or permitted to be supported, evidenced, established or proved by the sworn statement, declaration, verification, certificate, oath or affidavit, in writing of the person making the same, the matter may with like force and effect be supported, evidenced, established or proved by the unsworn statement in writing of the person made and signed under penalty of perjury setting forth the date and place of execution and that it is made under the laws of this state. The statement may be substantially in the following form:
"I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. ______________________________ _________________________________ (Date and Place) (Signature)" The signed statement shall constitute a legally binding assertion that the contents of the statement to which it refers are true. This section shall not affect any requirement for acknowledgment of an instrument affecting real property.
B.The provisions of subsection A of this section shall not apply to:
3.An oath required to be taken before a specified official other than a notary public; or
4.Any notarial act, oath or affidavit required by Title 26 of the Oklahoma Statutes.
Amendment History
Amended by Laws 2021, c. 362, s. 1, eff. 11/1/2021.
Amended by Laws 2020, c. 10, s. 1, eff. 5/7/2020.
Added by Laws 2002, HB 1939, c. 468, §2, eff. 11/1/2002.
Plain-English Summary
Subsection A offers a shortcut. Wherever Oklahoma law calls for a matter to be proved by a sworn statement, declaration, verification, certificate, oath, or affidavit, the person can instead sign an unsworn written statement under penalty of perjury, dated and stating that it's made under Oklahoma law. The statute even supplies suggested wording. That signed statement carries the same legal force as the sworn version, though it doesn't change any requirement that a real-property instrument be acknowledged.
Subsection B pulls back the shortcut for four situations: depositions, oaths of office, oaths required before a specific official other than a notary, and any notarial act, oath, or affidavit that Title 26 (election law) requires. For those, the traditional sworn form still applies.
Frequently Asked Questions
Can I sign an unsworn statement instead of getting an affidavit notarized in Oklahoma?
Yes, for most purposes. Section 426 lets a person substitute a written statement signed under penalty of perjury for a sworn statement, declaration, or affidavit, as long as it states the date, place, and that it's made under Oklahoma law.
What wording does Oklahoma law suggest for this type of statement?
The statute gives a sample form declaring "I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct," followed by the date, place, and signature.
Does this substitute work for every type of sworn document?
No. It doesn't apply to depositions, oaths of office, oaths required before a specific official other than a notary public, or any notarial act, oath, or affidavit required by Title 26 election law.
Does an unsworn statement under this section satisfy real-property acknowledgment requirements?
No. The statute says it doesn't affect any requirement that an instrument affecting real property be acknowledged.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma unsworn declaration under penalty of perjurysubstitute for notarized affidavit oklahoma12 O.S. § 426statement under penalty of perjury form oklahoma