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16-2-204. Validity of unsworn declaration.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-2-204. Validity of unsworn declaration.
(a) Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this subchapter has the same effect as a sworn declaration.
(b) This subchapter does not apply to:
(1) a deposition;
(2) an oath of office;
(3) an oath required to be given before a specified official other than a notary public;
(4) a declaration to be recorded pursuant to:
(A) Title 16, Chapter 47;
(B) Title 18, Subtitle 2; or
(C) Title 26, Chapter 60; or
(5) an oath required by § 28-25-106.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-2-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-2-204
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d9a10da3500184b5789b66d52cf6aac588cdfcba4b7758df319cf7937af9a31d
Source location: content.xml paragraph 118
Stored source content
16-2-204. Validity of unsworn declaration.
(a) Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this subchapter has the same effect as a sworn declaration.
(b) This subchapter does not apply to:
(1) a deposition;
(2) an oath of office;
(3) an oath required to be given before a specified official other than a notary public;
(4) a declaration to be recorded pursuant to:
(A) Title 16, Chapter 47;
(B) Title 18, Subtitle 2; or
(C) Title 26, Chapter 60; or
(5) an oath required by § 28-25-106.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-25-106. Affidavit of attesting witness.
(a) Any attesting witness to a will may make and sign an affidavit before any officer authorized to administer oaths in this state or in any other state stating such facts as he or she would be required to testify to in an uncontested probate proceeding concerning the will.
(b) The attesting witness may make and sign the affidavit at any time, either:
(1) On his or her own initiative;
(2) At the request of the testator; or
(3) After the testator's death, at the request of the executor or of any other person interested.
(c) The affidavit shall be written on the will, or, if that is impracticable, it shall be securely affixed to the will or to a true copy of the will by the officer administering the oath.
(d) If the probate of the will is uncontested, the affidavit may be accepted by the circuit court with the same effect as if the testimony of the witness had been taken before the court.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-25-106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 28-25-106. This identifies an authority to review, not proof of applicability.