An affidavit may be sworn to either within or without this state before any officer authorized by law to take and certify the acknowledgment of deeds conveying lands. When any rule of civil procedure requires an affidavit or other sworn declaration, an unsworn declaration under C.R.S. § 13-27-101 et seq. may be used in its place.

Annotation Annotator’s note. Since C.R.C.P. 108 is similar to § 373 of the former Code of Civil Procedure, which was supplanted by the Rules of Civil Procedure in 1941, relevant case construction of that section has been included in the annotations to this rule. An officer of a foreign jurisdiction administering an oath to an affiant is presumed to be acting within the territorial jurisdiction for which he was appointed. Tucker v. Tucker, 21 Colo. App. 94, 121 P. 125 (1912). That in the caption of an affidavit the venue as laid in Colorado is not sufficient to overcome this presumption. Tucker v. Tucker, 21 Colo. App. 94, 121 P. 125 (1912).

For officers authorized to take acknowledgments of deeds, see §§ 24-12-104 , 24-12-105 , and 38-30-126 to 38-30-135 , C.R.S.