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LB 470

Provide for attorneys to make unsworn declarations under penalty of perjury in lieu of sworn declarations

109th Legislature (2025-2026) Introduced by Carolyn Bosn

LB 470 allows attorneys to file unsworn declarations under penalty of perjury in lieu of sworn affidavits, streamlining filings without removing perjury accountability.

Approved by Governor on May 21, 2025
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Bill Summary · LB 470

Summary — LB 470 (2025)

Status: Approved by the Governor (May 21, 2025)
Introduced: Jan 21, 2025 by Sen. Carolyn Bosn
Final vote (Legislature): Passed Final Reading 47-0-2

Purpose

LB 470 allows attorneys who must submit written, sworn statements in court proceedings (because their signature is required by virtue of representing a party) to sign an unsworn declaration under penalty of perjury in place of a traditional sworn affidavit or notarized statement. The change is intended to streamline filings and reduce the need for in-person notarization when an attorney is the declarant.

Key provisions

  • Creates a statutory option for an attorney’s written statement (declaration, certificate, verification, statement) that would otherwise require a sworn affidavit or similar sworn writing to be submitted as an unsworn declaration under penalty of perjury.
  • The unsworn declaration must be:
    • Subscribed (signed) by the attorney,
    • Dated, and
    • Contain substantially the prescribed verification language (different text if executed inside vs. outside Nebraska).
  • Exceptions: the option does NOT apply to depositions, oaths of office, or oaths required to be taken before a specified official other than a notary public.
  • The bill supplies the two model forms:
    1. If executed outside Nebraska: “I declare under penalty of perjury under the laws of the State of Nebraska that the foregoing is true and correct. Executed on (date). (Signature).”
    2. If executed within Nebraska: “I declare under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).”

Who is affected

  • Primary effect on attorneys who sign declarations, verifications, certificates, or affidavits in judicial matters where their signature is required because they represent a party.
  • Courts and opposing parties will receive attorney-signed unsworn declarations that carry perjury penalties in lieu of notarized affidavits.
  • Not intended to change requirements for non-attorney declarants or for proceedings explicitly requiring an oath before a specified official.

Procedural / timeline highlights

  • Referred to Judiciary Committee (Jan 23, 2025); committee hearing Mar 13, 2025.
  • Advanced through General and Select Files in May 2025.
  • Placed on Final Reading May 13, 2025; passed Final Reading May 15, 2025 (47-0-2).
  • Presented to Governor May 15, 2025; approved May 21, 2025.

Support / opposition noted in committee

  • Proponent: Nebraska State Bar Association (testimony by Tim Hruza; sponsor Sen. Bosn).
  • Neutral testimony from Village in Progress.
  • No recorded opponents at committee hearing.

Potential impacts / considerations

  • Streamlines filings and reduces need for notarization when attorneys are declarants, facilitating remote work and expediting filings.
  • Maintains accountability through perjury penalties but removes the notary-attestation step for covered attorney statements.
  • Courts and practitioners may need to adapt local practice rules and internal procedures to reflect the statutory option and to verify declarations when needed.

Compiled from official sources — confirm details with the bill’s official record.

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