(1) Except if specifically require by statute, no thing filed with the appellate court need be verified.
(2) When a statute requires a paper filed with the appellate court to be verified, a verification shall consist of a statement:
(a) that the person has read the paper and that the facts stated in the paper are true, to the best of the person’s knowledge, information and belief formed after reasonable inquiry;
(b) signed and dated by the person; and
(c) sworn to or affirmed before a person authorized by law to administer oaths or affirmations, including, but not necessarily limited to, a notary public.
(3) A declaration under penalty of perjury may be used in lieu of any affidavit required or allowed by these rules. A declaration under penalty of perjury may be made without notice to adverse parties, must be signed by the declarant, and must include the substance of the following sentence in prominent letters immediately above the signature of the declarant: “I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.” As used in these rules, “declaration” means a declaration under penalty of perjury.
(4) Oregon Rule of Civil Procedure (ORCP) 17 is hereby adopted as a rule of appellate procedure applicable to the Supreme Court and Court of Appeals.1
1 See ORAP 13.25 regarding the procedure for requesting sanctions under this subsection.
See generally ORS 138.090 regarding the signing of notices of appeal in criminal cases, ORS 19.250(1)(g) regarding the signing of notices of appeal in civil cases, and ORAP 5.05(3)(e) regarding the signing of briefs.
