A California court declaration is a written statement of facts, signed under penalty of perjury, that stands in for live testimony in most California proceedings. Under Code of Civil Procedure section 2015.5, it replaces the traditional notarized affidavit, so you can sign one without a notary and file it in support of a motion, a Request for Order in family court, a probate application, or almost any other request that needs facts in front of the judge.1California Legislative Information. California Code of Civil Procedure 2015.5 Getting the format, the signature language, and the deadlines right is what keeps it from being struck or ignored.
What a Declaration Is For
A declaration puts evidence before the court in writing so the judge doesn’t need live testimony to decide a motion. It usually accompanies a Memorandum of Points and Authorities: the memo explains the law, and the declaration supplies the facts that make the law apply to your situation.
Every statement in a declaration must come from the declarant’s personal knowledge. Write about what you personally saw, did, heard, or know firsthand. Speculation, rumors, and secondhand accounts don’t belong in the document, and the court can disregard them as inadmissible hearsay.
Who Can Sign One
Declarations aren’t limited to the parties. Anyone with firsthand knowledge of relevant facts can write and sign a separate declaration: a neighbor who witnessed an incident, an accountant who reviewed the financial records, a doctor who treated an injury. A party’s attorney often files one to authenticate documents or explain procedural history. The single requirement is personal knowledge. The declarant has to be able to say “I saw this” or “I did this,” not “someone told me.”
Formatting the Document
California Rules of Court set specific formatting standards, and courts reject papers that don’t comply.
- Paper is standard 8½-by-11-inch, white, opaque, and unglazed.
- Font size is no smaller than 12 points under Rule 2.104.2Judicial Branch of California. California Rules of Court Rule 2.104 – Font Size; Printing
- Text is one-and-a-half or double-spaced, with consecutively numbered lines down the left margin. Line numbers restart at 1 on each page and appear at least three per vertical inch.3Judicial Branch of California. California Rules of Court Rule 2.108 – Spacing and Numbering of Lines
- The first page uses the standard pleading-paper caption: declarant’s name and contact information on the left, the court name and address centered, and the case name and number on the right.4Judicial Branch of California. California Rules of Court Rule 2.111 – Format of First Page
If you’d rather not build a pleading-paper document from scratch, the Judicial Council publishes a fill-in-the-blank template, form MC-030.5California Courts. MC-030 Declaration It works well for short declarations but offers limited space. For anything longer than a page or two, pleading paper gives you room and reads more cleanly.
Writing the Content
Write in the first person and keep every sentence grounded in what you actually know. “I was present at the meeting on March 4” works. “The defendant probably lied at the meeting” does not, because it mixes opinion with speculation. Specific and factual lands with judges; argumentative does not.
Organize the facts in numbered paragraphs. Chronological order is the most common approach, but if the declaration covers several distinct topics, grouping by subject can be clearer. Either way, numbered paragraphs let the judge and opposing counsel point to specific statements. A workable structure:
- Paragraph 1 identifies you and your connection to the case.
- Paragraphs 2 and 3 lay down the background facts the court needs to understand what happened.
- The rest of the paragraphs cover the key facts in logical order, one main point per paragraph.
Keep legal arguments out. What the law means goes in the Memorandum of Points and Authorities. The declaration tells the court what happened.
Signing Inside or Outside California
Section 2015.5 requires different closing language depending on where you sign, and using the wrong version can give the other side grounds to challenge the document.
If you sign inside California, use this language, followed by the date, the place of execution, and your signature:
“I certify (or declare) under penalty of perjury that the foregoing is true and correct.”1California Legislative Information. California Code of Civil Procedure 2015.5
If you sign anywhere outside California, the language has to add a reference to California law, and you include the date of execution but not the place:
“I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”1California Legislative Information. California Code of Civil Procedure 2015.5
The “under the laws of the State of California” phrase is what makes an out-of-state declaration enforceable here. Without it, the declaration may not carry the same legal force. When in doubt, the out-of-state version works either way.
Attaching Exhibits
If your declaration references documents such as contracts, emails, photographs, or financial records, attach them as exhibits. California Rules of Court Rule 3.1110(f) sets the requirements:6Judicial Branch of California. California Rules of Court Rule 3.1110 – General Format
- Include an exhibit index that briefly describes each exhibit and identifies it by number or letter along with the page number.
- For paper filings, separate each exhibit with a hard 8½-by-11-inch sheet that has a labeled tab extending below the bottom of the page.
- For electronic filings, each exhibit must have an electronic bookmark linking to its first page, with a title that identifies the exhibit number or letter and briefly describes its content.
- For paper filings, all pages and exhibits must be attached at the top so every page turns and reads easily.
Introduce each exhibit in the body of the declaration before referencing it. A sentence like “Attached as Exhibit A is a true and correct copy of the email I received on January 15, 2026” tells the judge what the document is and authenticates it through your personal knowledge. Without that foundation, the court may refuse to consider it.
Filing and Service Deadlines
Timing is where self-represented litigants get into trouble. Under CCP 1005(b), motion papers and their supporting declarations have to be served and filed at least 16 court days before the hearing. Court days exclude weekends and court holidays, so count carefully. If you serve by mail within California, add five calendar days. If you mail to an address outside California but within the United States, add ten calendar days.7California Legislative Information. California Code of Civil Procedure 1005
Opposition papers, including any opposing declarations, are due at least nine court days before the hearing. Reply papers are due five court days before. Miss these deadlines and the court can refuse to consider your filing, which often means losing the motion by default. When your hearing date is set, count backward and mark every deadline immediately.
Filing and Serving the Declaration
Prepare enough copies: the original for the court, one for your records, and one for each opposing party or attorney. Many California superior courts now require electronic filing for civil cases, but the specific requirements vary by county. Check your local court’s rules or website to confirm whether e-filing is mandatory in your case type.6Judicial Branch of California. California Rules of Court Rule 3.1110 – General Format
After filing, you have to serve a copy on every other party. Someone at least 18 years old who is not a party to the case has to do the delivery, either by mail or by personal delivery. That person then fills out a Proof of Service form, such as Judicial Council form POS-030 for service by first-class mail, documenting who was served, when, where, and how.8California Courts Self-Help. Proof of Service by First-Class Mail – Civil (POS-030) File the completed Proof of Service with the court. Without it, the judge has no evidence the other side received your papers and may continue the hearing or decline to rule.
Fixing a Declaration After You File It
If you spot an error in a declaration you’ve already filed, or if new facts come to light, file a supplemental declaration. California doesn’t have a formal amendment process for declarations the way it does for pleadings. Prepare a new declaration that identifies the original, explains what needs correcting or adding, and states the updated facts. Label it clearly, something like “Supplemental Declaration of [Your Name],” and file and serve it the same way as the original.
Timing still matters. A supplemental declaration filed in support of a motion has to reach the court and the other party within the applicable deadline. A last-minute correction filed the day before a hearing may not be considered, or the court may continue the hearing so the other side has time to respond. Careful review before the first filing is the cleaner path.
What Happens If a Declaration Is False
Because a declaration carries the same legal force as testimony under oath, lying in one is perjury. Under California Penal Code section 118, a person who willfully states something they know to be false in a document signed under penalty of perjury is guilty of perjury. This applies whether the declaration was signed inside or outside California.9California Legislative Information. California Penal Code 118
Perjury is a felony in California, punishable by up to four years in state prison. Beyond the criminal exposure, a court that finds false statements in a declaration can strike the document, impose monetary sanctions, or enter an adverse ruling against the party who filed it. Include only facts you know to be true, and if you’re uncertain about something, say so or leave it out.