New Wisconsin law simplifies submission of evidence in civil litigation

Gov. Tony Evers, Wisconsin Judicial Council members, and Legislature staff members at the signing of 2023 Wis. Act 245 on Mar. 27, 2024.

By Margo Kirchner
 
Wisconsin courts will now accept written declarations instead of notarized affidavits in civil litigation.
 
A new law eliminates the need for a notary’s signature and stamp on various documents in civil proceedings. Rather than swearing to the truth of written statements before a notary, a person may now “declare under penalty of false swearing under the law of Wisconsin” that what they are signing is true.
 
The law should reduce litigation costs and simplify the submission of evidence during pretrial stages of a civil case. Attorneys will not need their clients to come to an office to get signatures notarized before filing evidence on summary judgment motions. Individuals representing themselves will not need to find and pay for notary services to file affidavits of poverty or other documents.
 
Affidavits with a notary’s signature and stamp are still accepted. The law simply gives declarations made under penalty of perjury the same effect.
 
Called the Uniform Unsworn Declarations Act, the law brings Wisconsin in line with federal courts and several other states. The use of declarations instead of affidavits has been the norm in federal courts for almost 50 years.
 
The new law has some exceptions. Oaths of office, depositions, and real estate documents will still require swearing before a notary.
 
The Wisconsin Judicial Council, a state agency focused on rules of procedure in the courts, recommended the law. Judicial Council members Sen. Van Wanggaard (R-Racine) and Rep. Ron Tusler (R-Harrison) sponsored the bill and steered it through the Legislature.
 
The Uniform Law Commission, a nonprofit and nonpartisan organization advocating for consistent laws across states, supported the bill in written testimony before Senate Committee on Judiciary and Public Safety.
 
Gov. Tony Evers signed the law (2023 Wis. Act 245) on March 27. It went into effect on March 29. 

Previously, Wisconsin law did allow declarations made under penalty of perjury by persons outside of the United States. Act 245 now permits declarations by persons located within the United States as well.