The unsworn declaration is a one-page form from the Family Court of the State of Delaware that lets a filing party declare, under penalty of perjury, that the documents listed on it are true and correct, without a notary. It is attached to Family Court filings that are submitted without being notarized, except the consents the form excludes. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published by Delaware Courts at courts.delaware.gov.
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What is 677?
Unsworn Declaration is the Family Court of the State of Delaware form on which a person declares, under penalty of perjury under the laws of Delaware, that the allegations in the documents listed on the form are true and correct.
The form rests on three authorities printed on it: Section 3927 of Title 10 of the Delaware Code, Family Court Standing Order #3, and Rule 79.2 of the Family Court Rules of Civil Procedure. As of July 1, 2020, and except as noted on the form, an Unsworn Declaration may be used in Family Court pleadings and papers in lieu of verifications, sworn declarations, affidavits and notarized signatures.
The form is not a stand-alone filing. Its direction to the filing party says to attach it to any filings that are submitted without being notarized, and its last section asks you to list every court form and document that accompanies it.
It is also not valid for every filing. The form states that an Unsworn Declaration may not be used with parental consents to termination of parental rights, permanent guardianship or guardianship; with consent parentage decrees; or with consents filed in an adoption proceeding.
The printed heading reads "In and For New Castle Kent Sussex County", so the same form serves cases in each of the three counties. Delaware Courts publishes it among the Family Court forms on its forms list.
Who needs to file 677?
The main group is the filing party in a Delaware Family Court case who submits pleadings or papers without notarization and wants to use an unsworn declaration instead of a verification, sworn declaration, affidavit or notarized signature. The form directs that it be attached with any such filing.
Do not use this form with:
- parental consents to termination of parental rights, permanent guardianship or guardianship;
- consent parentage decrees;
- consents filed in an adoption proceeding.
For those documents the form does not allow an unsworn declaration, so the notarization or other verification that applies to them is not replaced by it.
The form has a single signature line for the person declaring. It names no representative or agent who may sign for someone else, and it asks for the printed name of the person who signs.
When to file 677
Complete the unsworn declaration at the moment you submit a Family Court filing that is not notarized. The form says to attach it with any filings submitted without being notarized, so it goes in with those papers rather than on its own schedule.
The form applies to pleadings and papers filed as of July 1, 2020, under Section 3927 of Title 10, Family Court Standing Order #3 and Rule 79.2 of the Family Court Rules of Civil Procedure. No separate due date is printed on it: the deadline that matters is the one for the document you are filing with it. Fill in the date of execution when you sign, and list the accompanying documents before you submit.
Documents you need
- The Family Court forms and documents that the declaration accompanies: attach the declaration to filings submitted without notarization, and list each one in the space at the bottom of the form.
How to fill out 677
Confirm the declaration is allowed
Read the notice at the top. It cannot be used with parental consents to termination of parental rights, permanent guardianship or guardianship, consent parentage decrees, or consents in an adoption proceeding.
Identify the county in the heading
The heading reads "In and For New Castle Kent Sussex County" under The Family Court of the State of Delaware. Indicate the county where your case is filed.
Read the declaration text
Under "Unsworn Declaration Made Under Penalty of Perjury", you declare under the laws of Delaware that the allegations in the listed documents are true and correct. Make sure that statement is accurate for every document you list.
Enter the date you execute it
Complete the line "Executed on the ___ day of ___, ___" with the day, month and year you sign.
Print your name
Write your full name on the Printed Name line.
Sign the declaration
Sign on the Signature line. An electronic signature is permitted: type "/s/Your Name".
List the accompanying documents
Under "List all Court Forms and Documents that accompany this Unsworn Declaration", write each court form and document that you are filing without notarization.
Review and download the completed PDF
Check the date, name, signature and list of documents. Download or print the completed PDF from FillingPDF and attach it to your filing as described under How to submit.
How to submit 677
The unsworn declaration has no filing channel of its own: you attach it to the Family Court filing it supports, and it is submitted the way that filing is submitted. The form prints no mailing address, portal or appointment rule.
- Attach it to the filing. Place the signed declaration with the court forms and documents you list at the bottom of it.
- Sign it. The form states that an electronic signature is permitted: sign as "/s/Your Name".
- Keep it out of excluded filings. Do not attach it to parental consents to termination of parental rights, permanent guardianship or guardianship, to consent parentage decrees, or to consents filed in an adoption proceeding.
For the filing address or e-filing method that applies to your papers, check the instructions for the form you are filing or Delaware Courts at courts.delaware.gov. FillingPDF lets you fill out and download the PDF; submission follows the channels that apply to your filing.
Common mistakes to avoid
- Attaching an unsworn declaration to a parental consent to termination of parental rights, permanent guardianship or guardianship, which the form says it may not be used with.
- Using it with a consent parentage decree or a consent filed in an adoption proceeding; the form excludes both.
- Leaving the list of accompanying court forms and documents blank, so the declaration is not tied to the papers it verifies.
- Submitting the form unsigned, or leaving the Printed Name line empty.
- Typing an electronic signature in some other style instead of "/s/Your Name", the format the form gives.
- Skipping the Executed on the day of line, so the date the declaration was made is missing.
- Filing the declaration on its own instead of attaching it to the non-notarized filing it supports.
Frequently asked questions
What is an unsworn declaration in Delaware Family Court?
It is a Family Court form on which you declare under penalty of perjury under Delaware law that the allegations in the listed documents are true and correct. It may be used in lieu of verifications, sworn declarations, affidavits and notarized signatures, except for the filings the form excludes.
Do I still need a notary if I attach an unsworn declaration?
Not for filings the form covers. Under Section 3927 of Title 10, Standing Order #3 and Rule 79.2, an unsworn declaration may replace notarized signatures in Family Court papers. It cannot replace them for the parental consents, consent parentage decrees and adoption consents the form lists.
When can I not use an unsworn declaration?
Not with parental consents to termination of parental rights, permanent guardianship or guardianship; not with consent parentage decrees; and not with consents filed in an adoption proceeding. The form states these three exceptions at the top.
Can I sign the unsworn declaration electronically?
Yes. The form says an electronic signature is permitted and gives the format: sign as "/s/Your Name". You also enter your printed name and the date you execute the declaration.
What do I list at the bottom of the unsworn declaration?
List all court forms and documents that accompany the declaration. These are the filings you are submitting without notarization, and the declaration is attached with them.
Where do I file the unsworn declaration?
You attach it to the Family Court filing it supports and submit both together; the form has no separate address or portal. Use the filing method that applies to your underlying papers, or check Delaware Courts at courts.delaware.gov.
Can I fill out the unsworn declaration online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the declaration with the court; you submit it with your Family Court filing through the court's channels.
Which Delaware counties does the form cover?
The heading reads "In and For New Castle Kent Sussex County", so the same form is used in cases in New Castle, Kent and Sussex Counties. Indicate the county where your case is filed.
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