Wherever these rules require or permit an affidavit or sworn declaration, an unsworn declaration made under penalty of perjury may be filed in lieu of an affidavit or sworn declaration. Such declaration must be signed and dated by the declarant and must state in substantially the following form: "I declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct."
Rule 72.Declarations Made Under Penalty of Perjury
Last amended July 1, 2011 · Last verified July 2, 2026
In one sentenceRule 72 lets a signed, dated unsworn declaration made under penalty of perjury substitute for a notarized affidavit anywhere the Tennessee rules call for one.
Full Text of Rule 72
Advisory Commission Comments
Amendment History
- As added by order filed December 21, 2010, effective July 1, 2011.
Plain-English Summary
Rule 72 gives parties a shortcut around a real practical obstacle: getting a document notarized on short notice, especially for a witness who is not a party and has no easy access to a notary. Wherever the Tennessee rules require or permit an affidavit or other sworn declaration, a party can instead file an unsworn declaration made under penalty of perjury, as long as it is signed and dated by the person making it and includes substantially the statement the rule specifies: a declaration, under penalty of perjury, that the contents are true and correct.
The rule was adopted in 2011 to bring Tennessee practice in line with a federal statute that allows the same substitution in federal court, and the Advisory Commission’s own comment explains the reasoning in practical terms — notarization can be difficult and costly to arrange quickly, and an unsworn declaration under penalty of perjury carries the same legal consequences for a knowing falsehood as a sworn affidavit does, without the added logistical step. Around the same period, the Tennessee legislature separately enacted a narrower statute addressing unsworn declarations signed by someone physically located outside the country, a related but distinct mechanism aimed specifically at that scenario rather than at general in-state practice.
Because Rule 72 offers a plain substitution mechanism rather than a rule that reshapes procedure, it has not generated much litigation or interpretive dispute since its adoption. A party using it needs to make sure the declaration includes the required perjury language and is properly signed and dated — the rest follows the same treatment any affidavit would receive under the rule it is replacing.
Frequently Asked Questions
Can I submit an unsworn statement instead of a notarized affidavit in a Tennessee case?
Yes, if it meets Rule 72’s requirements. The declaration must be signed and dated and state, in substance, that the declarant declares under penalty of perjury that its contents are true and correct.
Why did Tennessee adopt Rule 72?
To match a federal statute allowing the same substitution in federal court. The rule’s adopting comment notes that notarizing an affidavit can be difficult and costly to arrange on short notice, particularly for a non-party witness.
Is an unsworn declaration under Rule 72 different from Tennessee’s law on declarations signed outside the country?
Yes. A separate, narrower statute addresses unsworn declarations signed by someone physically outside the United States. Rule 72 is the general, in-state mechanism and applies more broadly.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 72). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: unsworn declarationdeclaration under penalty of perjuryaffidavit substitute
Advisory Commission Comments [2011].
Rule 72 is intended to make the practice pursuant to the Tennessee Rules of Civil Procedure consistent with the practice in the federal courts in accordance with 28 U.S.C. § 1746. The Commission notes it is frequently difficult and expensive to procure notarization of an affidavit in a timely manner, particularly when testimony is required from a non-party witness who does not have ready access to a notary public. The Commission further notes that in 2010 the Tennessee General Assembly enacted the "Uniform Unsworn Foreign Declarations Act," which provides in part, "Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this part has the same effect as a sworn declaration." 2010 Tenn. Pub. Acts, ch. 904, § 1.