(a) 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 chapter has the same effect as a sworn declaration.

(b) This chapter does not apply to:

Terms Used In South Dakota Codified Laws 18-6-4

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Oath: A promise to tell the truth.

(1) A deposition under § 15-6-26;

(2) An oath of office;

(3) An oath required to be given before a specified official other than a notary public;

(4) A declaration to be recorded pursuant to Title 43; or

(5) An oath required by § 29A-2-504.

Source: SL 2012, ch 257, § 4 (Supreme Court Rule 12-03), eff. July 1, 2012.

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