(a)        Any matter required or permitted to be supported, evidenced, established, or proved in writing under oath or affirmation may, if filed electronically pursuant to rules promulgated by the Supreme Court under N.C. Gen. Stat. § 7A-49.5, with like force and effect be supported, evidenced, established, or proved by an unsworn declaration in writing, subscribed by the declarant and dated, that the statement is true under penalty of perjury.

(b)        Declarations given pursuant to this section shall be deemed sufficient if given in substantially the following form:

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

(c)        Except as otherwise provided by law, this section does not apply to, and such unsworn declarations shall not be deemed sufficient for, any of the following:

(1)        Oral testimony.

(2)        Oaths of office.

(3)        Any statement under oath or affirmation required to be taken before a specified official other than a notary public.

(4)        Any will or codicil executed pursuant to N.C. Gen. Stat. § 31-11.6

(5)        Any real property deed, contract, or lease requiring an acknowledgment pursuant to N.C. Gen. Stat. § 47-17 ?(2021-47, s. 17(a).)

Terms Used In North Carolina General Statutes 7A-98

  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • oath: shall be construed to include "affirmation" in all cases where by law an affirmation may be substituted for an oath, and in like cases the word "sworn" shall be construed to include the word "affirmed. See North Carolina General Statutes 12-3
  • Oath: A promise to tell the truth.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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