How to sign a declaration – UPDATED

September 3, 2019

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). (This case’s other holdings about the scope of the TCPA were significantly revised on rehearing in January 2020, as described in another blog post.)