Tuesday, September 3, 2019

How to sign a declaration

Originally published by David Coale.

A highly-practical part of  Texas procedure appears in Section 132.001 of the Civil Practice and Remedies Code, which says that an unsworn declaration may be used in place of an affidavit in most situations. That provision details the form that such a declaration should take. Following Hays Street Bridge Restoration Group v. City of San Antonio, 570 S.W.3d 697 (Tex. 2019), the Fifth Court found a declaration inadequate when it omitted the declarant’s birthdate and other specified information. Goldberg v. EMR (USA Holdings) Inc., No. 05-18-00261-CV (Aug. 22, 2019).

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