To write a declaration for court, you draft a signed written statement of the facts you personally know about your case, lay it out with a proper caption and numbered paragraphs, attach any supporting documents as labeled exhibits, and close with the penalty-of-perjury language that federal law prescribes. Done correctly, that unsworn statement carries the same legal weight as testimony given under oath, and in most federal proceedings it can stand in for a notarized affidavit.1Office of the Law Revision Counsel. 28 U.S. Code 1746 – Unsworn Declarations Under Penalty of Perjury Judges rely heavily on declarations when deciding motions, so the details below are worth getting right the first time.
Confirm a Declaration Is What Your Court Wants
The practical difference between a declaration and an affidavit is notarization. An affidavit is sworn in front of a notary; a declaration you sign on your own, under penalty of perjury. Federal courts accept declarations freely. Many state courts do too, but some still require notarized affidavits for certain filings. Check your court’s local rules or call the clerk before you assume a declaration will be accepted, and know that the attestation wording below follows the federal statute. Your state may require different language.
Set Up the Document
Caption and Title
The top of the first page needs a case caption: the name of the court, the names of the parties, and the case number. If you already have any document from your case, copy the caption from it exactly. Below the caption, add a centered title identifying the document and who is making the statement. Something like “Declaration of Jane Doe” works. A more specific title such as “Declaration of Jane Doe in Support of Motion for Summary Judgment” tells the judge immediately why the document is in front of them.
Formatting
There is no single national formatting standard. Each court sets its own rules through local rules or standing orders. Common defaults look like this:
- A standard, readable typeface (Times New Roman, Century Schoolbook, or similar) in 12-point or 14-point size.
- Double-spaced body text. Footnotes and block quotations may be single-spaced.
- At least one-inch margins on all sides.
- 8½ by 11 inch paper.
- Consecutive page numbers on every page.
Some courts also require line numbering down the left margin, specific footer text, or particular margin widths. Download your court’s local rules from its website before drafting and follow them exactly. Clerks reject filings that don’t comply.
Numbered Paragraphs
Virtually every court expects declarations to use numbered paragraphs, even though the rule technically applies to pleadings like complaints and answers.2Legal Information Institute. Federal Rules of Civil Procedure Rule 10 – Form of Pleadings Each paragraph should cover one point or one event. That structure lets the judge and opposing counsel refer to specific statements by number, and it keeps your writing disciplined. A paragraph that tries to cover three events will lose the reader.
Write the Body
Start With a Foundation Paragraph
Open with a paragraph establishing who you are and why you have knowledge relevant to the case. State your full name, your relationship to the case (party, witness, employer, neighbor), and confirm that you have personal knowledge of what follows. For example: “My name is Jane Doe. I am the plaintiff in this action. I have personal knowledge of the facts stated in this declaration and could testify competently to them if called as a witness.” Federal evidence rules require that anyone providing factual statements must have firsthand knowledge of what they describe.3Legal Information Institute. Federal Rules of Evidence Rule 602 – Need for Personal Knowledge Skip the foundation and opposing counsel will argue that nothing in your declaration has been properly established.
Stick to Firsthand Facts
Write in the first person. Describe only what you personally saw, heard, did, or experienced. Be specific about dates, times, amounts, and locations. Instead of “the rent was overdue,” write “I did not receive the April 2025 rent payment of $1,500 by the due date of April 1, 2025. As of April 15, 2025, I still had not received any payment.”
Organize the facts chronologically. Judges read dozens of declarations, and a clear timeline is the fastest way to help them understand your situation. A declaration that jumps between dates forces the judge to reassemble the story, and that frustration works against you.
Facts, Not Conclusions
Declarations deal in facts. A statement like “he was negligent” or “she was acting in bad faith” is a legal conclusion, and judges will strike it. Describe the conduct and let the judge draw the conclusion. Instead of “he was negligent,” write “I saw him look at his phone for approximately ten seconds before the car drifted into my lane.” Instead of “she acted in bad faith,” write “she told me on March 3 that the report was finished, but on March 10 I discovered that no work had been done on it.”
Emotional language works the same way against you. “He cruelly abandoned his children” tells the judge nothing useful. “He moved out of the family home on June 1 and did not contact the children or provide any financial support for the following three months” tells the judge everything.
Be Careful With Hearsay
Hearsay means repeating an out-of-court statement to prove the statement is true. If your neighbor told you she saw your landlord dump chemicals in the yard, and you include that in your declaration to prove the chemicals were dumped, a judge can disregard it. Several common exceptions let out-of-court statements in:
- Statements by the opposing party. If the person you are suing said something relevant, you can quote it. “On July 5, the defendant told me, ‘I never intended to pay you back'” is admissible because it is a statement by a party opponent.
- Excited utterances made in the heat of an event, while the speaker was still under its stress.
- Statements about physical or mental condition. “She told me her back was in severe pain” is admissible when offered to show her condition at the time.
- Business records kept in the regular course of a business, such as invoices or payment logs, when properly authenticated.
These are a few of the recognized exceptions.4Legal Information Institute. Federal Rules of Evidence Rule 803 – Exceptions to the Rule Against Hearsay When you include any out-of-court statement, make clear who said it, when, and the circumstances. If you are unsure whether a statement qualifies, leave it out or ask an attorney.
If a witness has firsthand knowledge you don’t, they can submit their own declaration in the same format: caption, title, numbered paragraphs, personal knowledge foundation, and the penalty-of-perjury closing. Each declarant writes about their own knowledge, not a rehearsed version of your story.
Attach and Authenticate Your Exhibits
Exhibits are the documents, photographs, text messages, emails, or other records that back up what you say. Every exhibit needs two things: a reference in the body of your declaration and a clear label on the exhibit itself.
In the body, introduce the exhibit with enough context to explain what it is: “On May 1, 2025, I sent an email to John Smith requesting payment for the overdue invoice. A true and correct copy of this email is attached as Exhibit A.” Then label the actual document with a cover page or tab marked “Exhibit A” so the judge can find it quickly.
The phrase “true and correct copy” matters. Federal evidence rules require you to provide enough evidence to show an exhibit is what you claim it is.5Legal Information Institute. Federal Rules of Evidence Rule 901 – Authenticating or Identifying Evidence Stating in your declaration that the attached document is a true and correct copy authenticates it through your testimony as a witness with knowledge. If you staple documents to your declaration without referencing them, they have no foundation, and the judge may disregard them.
Don’t edit, crop, or enhance exhibits. Screenshots should show the full screen, including timestamps and sender information. To highlight a specific portion, use a clean copy as the exhibit and reference the relevant section by date, page number, or paragraph in your declaration text.
Redact Private Information Before You File
Federal court filings that become part of the public record must have certain personal identifiers redacted. Under the federal privacy rule, you include only:
- The last four digits of a Social Security or taxpayer ID number.
- The year of birth only.
- Initials only for minors.
- The last four digits of a financial account number.
These requirements apply to both electronic and paper filings. The obligation falls on you, not on the clerk. If your declaration or any attached exhibit contains a full Social Security number, bank account number, or a minor’s full name, redact it before filing. Filing an unredacted document waives privacy protection for that information, and courts have ordered documents re-sealed and imposed sanctions on parties who failed to redact.6Legal Information Institute. Federal Rules of Civil Procedure Rule 5.2 – Privacy Protection for Filings Made with the Court If the court needs to see the full information, you can file a separate reference list under seal that matches each redacted identifier to the complete number or name.
Close With the Penalty-of-Perjury Attestation
Every declaration ends with an attestation confirming your statements are true, followed by the date and your signature. The exact wording depends on where you physically sign.
If you sign within the United States (including territories and commonwealths), use:
“I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].”
If you sign outside the United States, use:
“I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on [date].”1Office of the Law Revision Counsel. 28 U.S. Code 1746 – Unsworn Declarations Under Penalty of Perjury
The version signed abroad adds “under the laws of the United States of America” because the signer is outside U.S. jurisdiction, and the reference to U.S. law makes the perjury obligation enforceable. These are not suggestions. The federal statute prescribes this language, and altering it can give opposing counsel grounds to challenge your entire declaration.
What Signing Under Penalty of Perjury Means
Signing a declaration under penalty of perjury is a serious legal act. If you knowingly include a false material statement, you face up to five years in federal prison and a fine.7Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally A separate federal statute specifically targeting false declarations made in court proceedings carries the same five-year maximum.8Office of the Law Revision Counsel. 18 U.S. Code 1623 – False Declarations Before Grand Jury or Court A court that finds a declaration was submitted in bad faith can also order you to pay the other side’s attorney’s fees and impose additional sanctions.
This does not mean every minor error puts you in jeopardy. Perjury requires a knowingly false statement about something material. An honest mistake about a date or a good-faith misrecollection is not perjury. Deliberately fabricating facts, or omitting information you know changes the picture, is.
File It and Serve the Other Parties
Timing
A declaration filed late is often a declaration the judge never reads. Under federal rules, a declaration supporting a motion must be served at the same time as the motion. If you are opposing a motion, your declaration must be served at least seven days before the hearing, unless the court sets a different deadline.9Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers State courts and individual judges often set their own timelines, so always check the scheduling order in your case along with the local rules.
Filing Methods
Most federal courts use the CM/ECF electronic filing system.10United States Courts. Electronic Filing (CM/ECF) Attorneys generally must e-file. Self-represented parties may be allowed to e-file in some courts, while others require paper filing at the clerk’s window or by mail. Check your court’s specific policy for pro se filers. When e-filing, a typed signature preceded by “/s/” on the signature line (for example, “/s/ Jane Doe”) usually replaces a handwritten one. For scanned documents, your original handwritten signature should appear on the scanned copy.
Serving Everyone Else
After filing, you must deliver a copy to every other party. If a party has an attorney, you serve the attorney. Acceptable methods include hand delivery, mail to the person’s last known address (service is complete when you drop it in the mail), or electronic service, which the court’s e-filing system handles automatically for registered users.11Legal Information Institute. Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers
Attach a certificate of service to every declaration you file. This is a short signed statement, usually on the last page, confirming you served copies on all parties. It should identify the date served, the name and address of each person served, and the method used. Courts treat service as incomplete without one, and opposing counsel can use its absence to argue they never received your filing.
Fixing Mistakes After Filing
If you discover a factual error in a declaration you already filed, file a supplemental or amended declaration. It should identify the original by filing date, specify which paragraph contains the error, state the correction, and include a new penalty-of-perjury attestation. Correcting an honest mistake promptly actually strengthens your credibility. Ignoring the error and hoping nobody notices is the worst approach, because opposing counsel almost certainly will, and finding it on cross-examination is far more damaging than a straightforward correction. For e-filed documents, some courts allow a corrected version through the electronic system with a note in the docket text; others require a separate notice of errata. Check the local rules or call the clerk before refiling.