Unsworn Declarations in Texas: A Valuable Tool for Attorneys and Their Clients

Texas private investigator assisting attorneys with unsworn declarations for legal cases.

When a case hinges on witness statements, time is often of the essence. Attorneys know that every hour counts, but coordinating formal affidavits can introduce unnecessary delays. That’s where unsworn declarations come in, a powerful, legally recognized tool under Texas law that allows attorneys to capture statements quickly, efficiently, and without a notary present.

What Is an Unsworn Declaration?

Under Texas Civil Practice & Remedies Code §132.001, an unsworn declaration has the same legal effect as a sworn affidavit but without the need for notarization. The declarant affirms under penalty of perjury that the statement is true and correct.

In practical terms, this means attorneys can secure critical testimony in hours instead of days.

Why It Matters for Law Firms

• Speed: Witnesses can provide statements immediately, even outside of normal office hours.

• Flexibility: Particularly valuable when a witness is located in another city, state, or even while traveling abroad.

• Cost-Effective: Eliminates the need to arrange (and pay for) a notary.

• Court-Recognized: Courts accept unsworn declarations in most civil matters, making them a reliable option for building evidentiary support.

How PRO-tect Supports Attorneys

At PRO-tect, we regularly assist law firms in gathering accurate, timely, and properly formatted unsworn declarations. Our team ensures:

• Witnesses are comfortable and understand what they’re signing.

• Statements are recorded in compliance with Texas law.

• Sensitive details are handled discreetly, including pseudonym (“Jane Doe”) versions where safety is a concern.

• As an independent third party, PRO-tect provides attorneys with added protection — opposing counsel cannot claim fraud or misrepresentation, since we gain nothing from the witness’s statement. This neutrality gives the declaration greater credibility in court.

We’ve seen firsthand how a well-prepared unsworn declaration can shift the direction of a case — whether by preserving fragile testimony, protecting vulnerable witnesses, or accelerating discovery.

When to Use Unsworn Declarations

• Family Law: Custody, support, or enforcement cases where timing is critical.

• Civil Litigation: Quick statements from fact witnesses before memories fade.

• Employment & Business Disputes: Capturing testimony without disrupting busy professionals.

• Protective Orders: Documenting harassment, threats, or stalking behavior.

Unsworn declarations are more than just a procedural shortcut, they’re a practical, legally sound way to strengthen a case. For attorneys and high-net-worth clients navigating sensitive matters, partnering with an investigative firm experienced in witness support ensures these tools are used effectively and defensibly.

At PRO-tect, LLC, we stand ready to assist law firms and their clients across Texas with unsworn declarations, witness interviews, and comprehensive investigative services.

Contact us today to learn how we can help secure the testimony you need. Quickly, legally, and with care.