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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1080
Introduced by DeBoer, 10.
Read first time January 15, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to civil procedure; to amend sections 25-12411
and 25-1244, Reissue Revised Statutes of Nebraska, sections 28-9152
and 28-915.01, Revised Statutes Cumulative Supplement, 2024, and3
section 49-1808, Revised Statutes Supplement, 2025; to provide for4
the use of unsworn declarations in civil proceedings as prescribed;5
to change and transfer provisions relating to affidavits; to define6
terms; to change provisions relating to the offenses of perjury,7
making a false statement under oath or affirmation, and unsworn8
attorney declarations under the Uniform Unsworn Foreign Declarations9
Act; to harmonize provisions; to repeal the original sections; and10
to outright repeal section 25-1245, Reissue Revised Statutes of11
Nebraska. 12
Be it enacted by the people of the State of Nebraska,13
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Section 1. Section 25-1241, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
25-1241 (1)(a) An affidavit is a document that is signed by a person3
under oath before an officer who is authorized by law to administer oaths4
to persons in the place where the affidavit is signed and who verifies5
the identity of the person signing the affidavit. 6
(b) An affidavit must contain the officer's signature, notary seal,7
title, and commission expiration date. The person signing the affidavit8
must do so in the physical presence of the officer or, when authorized by9
law, in the online presence of the officer. 10
(c) An affidavit may be signed within or outside this state. The11
fact that an attorney represents a party in any proceeding in any court12
of this state shall not disqualify such attorney as an officer before13
whom an affidavit may be signed. 14
(2)(a) An unsworn declaration is a document that is signed by a15
person within the boundaries of the United States and contains language16
substantially the same as the following: "I declare (or certify, verify,17
or state) under penalty of perjury under the laws of the State of18
Nebraska that everything I have stated in this document is true and19
correct.". 20
(b) An unsworn declaration shall state (i) the date on which it was21
signed and (ii) both the county or political subdivision and the state,22
commonwealth, territory, or possession where it was signed.23
(3) For purposes of this section, boundaries of the United States24
means the geographic boundaries of the United States, Puerto Rico, the25
United States Virgin Islands, and any territory or insular possession26
subject to the jurisdiction of the United States. An affidavit is a27
written declaration under oath, made without notice to the adverse party.28
Sec. 2. Section 25-1244, Reissue Revised Statutes of Nebraska, is29
amended to read: 30
25-1244 (1) In a civil proceeding in any court of this state, an An31
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affidavit may be used: 1
(a) To to verify a pleading; , 2
(b) To to prove the service of a summons or , notice of or other3
process , in an action; , 4
(c) To to obtain a provisional remedy or , an examination of a5
witness, a stay of proceedings; , 6
(d) To support or oppose or upon a motion; , and7
(e) For in any other purpose case permitted by law.8
(2) An unsworn declaration may be used instead of an affidavit for9
any purpose for which an affidavit may be used in a civil proceeding in10
any court of this state, except: 11
(a) For the purpose of supporting a motion, application, or petition12
for a court order without notice to the adverse party; or13
(b) For a purpose for which a statute or Supreme Court rule14
specifically prohibits the use of an unsworn declaration.15
Sec. 3. Section 28-915, Revised Statutes Cumulative Supplement,16
2024, is amended to read: 17
28-915 (1) A person is guilty of perjury if, in any (a) official18
proceeding he or she makes a false statement under oath or equivalent19
affirmation, or swears or affirms the truth of a statement previously20
made, when the statement is material and he or she does not believe it to21
be true or (b) official proceeding in the State of Nebraska he or she22
makes a false statement under penalty of perjury in any unsworn23
declaration meeting the requirements of the Uniform Unsworn Foreign24
Declarations Act or section 25-1241 or 49-1808, under penalty of perjury25
when the statement is material and he or she does not believe it to be26
true. Perjury is a Class III felony. 27
(2) A person is guilty of subornation of perjury if he or she28
persuades, procures, or suborns any other person to commit perjury.29
Subornation of perjury is a Class III felony. 30
(3) A falsification shall be material, regardless of the31
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admissibility of the statement under rules of evidence, if it could have1
affected the course or outcome of the proceeding. It shall not be a2
defense that the declarant mistakenly believed the falsification to be3
immaterial. Whether a falsification is material in a given factual4
situation shall be a question of law. 5
(4) It shall not be a defense to prosecution under this section that6
the oath or affirmation was administered or taken in an irregular manner7
or that the declarant was not competent to make the statement. A document8
purporting to be made upon oath or affirmation at any time when the actor9
presents it as being so verified shall be deemed to have been duly sworn10
or affirmed. A document purporting to meet the requirements of the11
Uniform Unsworn Foreign Declarations Act or section 25-1241 or 49-180812
shall be deemed to have been made under penalty of perjury.13
(5) No person shall be guilty of an offense under this section if he14
or she retracted the falsification in the course of the proceeding in15
which it was made before it became manifest that the falsification was or16
would be exposed and before the falsification substantially affected the17
proceeding. 18
(6) When the defendant made inconsistent statements under oath or19
equivalent affirmation, both having been made within the period of the20
statute of limitations, the prosecution may proceed by setting forth the21
inconsistent statements in a single count alleging in the alternative22
that one or the other was false and not believed by the defendant. In23
such case it shall not be necessary for the prosecution to prove which24
statement was false but only that one or the other was false and not25
believed by the defendant to be true. 26
(7) No person shall be convicted of an offense under this section27
when proof of falsity rests solely upon contradiction by testimony of a28
single person other than the defendant. 29
Sec. 4. Section 28-915.01, Revised Statutes Cumulative Supplement,30
2024, is amended to read: 31
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28-915.01 (1) A person who makes a false statement under oath or1
equivalent affirmation, or swears or affirms the truth of such a2
statement previously made, or makes a false statement in an unsworn3
declaration that meets the requirements of the Uniform Unsworn Foreign4
Declarations Act or section 25-1241 or 49-1808, when he or she does not5
believe the statement to be true, is guilty of a Class I misdemeanor if6
the falsification: 7
(a) Occurs in an official proceeding; or 8
(b) Is intended to mislead a public servant in performing his or her9
official function. 10
(2) A person who makes a false statement under oath or equivalent11
affirmation, or swears or affirms the truth of such a statement12
previously made, or makes a false statement in an unsworn declaration13
that meets the requirements of the Uniform Unsworn Foreign Declarations14
Act, when he or she does not believe the statement to be true, is guilty15
of a Class II misdemeanor if the statement is one which is required by16
law to be sworn or affirmed before a notary or other person authorized to17
administer oaths. 18
(3) A person who makes a false statement in an unsworn declaration19
that meets the requirements of section 25-1241 or 49-1808 and is used for20
any purpose authorized by such section, when such person does not believe21
the statement to be true, is guilty of a Class II misdemeanor.22
(4) (3) Subsections (4) through (7) of section 28-915 shall apply to23
subsections (1) through (3) and (2) of this section.24
(5) (4) This section shall not apply to reports, statements,25
affidavits, or other documents made or filed pursuant to the Nebraska26
Political Accountability and Disclosure Act. 27
Sec. 5. Section 49-1808, Revised Statutes Supplement, 2025, is28
amended to read: 29
49-1808 (1) For purposes of this section, statement includes any30
statement, declaration, verification, certificate, oath, or affidavit.31
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(2) Except as provided in subsection (3) of this section, Wherever1
any matter that is required or permitted to be supported, evidenced,2
established, or proved by the sworn written statement declaration,3
verification, certificate, statement, oath, or affidavit, in writing, of4
an attorney, whose signature is required by virtue of the attorney's5
representation of a party in an action, making the same (other than a6
deposition, an oath of office, or an oath required to be taken before a7
specified official other than a notary public), such matter may, with8
like force and effect, be supported, evidenced, established, or proved by9
an the unsworn written statement declaration, certificate, verification,10
or statement, in writing, of such attorney which : (a) Is signed is11
subscribed by the attorney , as true under penalty of perjury, (b) states12
the county or political subdivision and the state where it is signed, (c)13
states the date on which it is signed, and (d) is dated, in substantially14
the following form: 15
(1) If executed outside of the State of Nebraska: I declare (or16
certify, verify, or state) under penalty of perjury under the laws of the17
State of Nebraska that everything that I have stated in this document the18
foregoing is true and correct. Executed on (date). (Signature); or19
Executed on the ........ day of 20 ............., ......., at
(date) 21 (month) (year)
......................................, 22
(county or political subdivision, and state) 23
...................................... 24
(printed name) 25
...................................... 26
(signature) 27
(3) An unsworn written statement under subsection (2) of this28
section shall not be used for a deposition, an oath of office, or an oath29
required to be taken before a specified official other than a notary30
public. 31
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(2) If executed within the State of Nebraska: I declare under1
penalty of perjury that the foregoing is true and correct. Executed on2
(date). (Signature). 3
Sec. 6. Original sections 25-1241 and 25-1244, Reissue Revised4
Statutes of Nebraska, sections 28-915 and 28-915.01, Revised Statutes5
Cumulative Supplement, 2024, and section 49-1808, Revised Statutes6
Supplement, 2025, are repealed. 7
Sec. 7. The following section is outright repealed: Section8
25-1245, Reissue Revised Statutes of Nebraska. 9
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