Although CR 43.11 and KRS 454.170 allow a solemn affirmation to be substituted for an oath, CR 43.13 is quite specific that an affidavit, as required by CR 5.03, "shall be a written statement or declaration sworn to or affirmed before an officer authorized to take depositions by Rule 28. . . "
Normally I would suggest a written affirmation made under the penalties of perjury, as defined in KRS 523.01(2)(a) ("The statement was made on or pursuant to a form bearing notice, authorized by law, that false statements made therein are punishable"), but I simply cannot connect the authoritative dots to reach the conclusion it is specifically allowed by the written rules and statutes.
If a sworn or affirmed affidavit of service by a non-lawyer pro se litigant is an actual requirement of the Kentucky Rules of Civil Procedure, it would represent a significant and pointless burden upon those who represent themselves in court.
However, CR Rule 5.03 provides in relevant part
* * * * Proof may be by certificate of a member of the bar of the court or by affidavit of the person who served the papers, or by any other proof satisfactory to the court.:* * * * [emphasis added]With this element of flexibility and judicial discretion injected into the mix, I feel confident that I could use the following as an Affirmation of Service when the time comes for me to sue somebody without a lawyer.
Affirmation of Service
I affirm, under the penalties of perjury, that on __________ I deposited an accurate and complete copy of this (pleading) with the United States Postal Service in an envelope with sufficient First Class postage prepaid and properly addressed to:
______________________________
______________________________
(signed) _______________________________
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