How to Write a Declaration of Facts for Court

To write a declaration of facts for court, draft a first-person written statement of what you personally witnessed, break it into numbered paragraphs, close it with the exact penalty-of-perjury language set out in federal law, sign and date it, and attach any documents you reference as labeled exhibits. A declaration signed this way carries the same legal weight as a notarized affidavit, so no notary is required unless a specific court rule or judge’s order demands one.¹

The Format Courts Expect

A declaration follows a predictable shape. Judges and clerks read dozens a week, and a document that looks the way they expect gets read on its merits instead of questioned on its form.

Caption and Title

Start with the case caption at the top of the first page: the name of the court, the names of the parties, and the case number. If you have already received filings in your case, copy the caption format from those documents exactly. Below the caption, title the document “Declaration of [Your Full Name].”

Numbered Paragraphs

The body of the declaration is a series of individually numbered paragraphs. Each one should address one fact or one tightly related group of facts. Do not pack an entire story into a single block of text. Numbered paragraphs let the judge, the opposing party, and any reviewing court point to a specific statement by number, which matters when someone wants to challenge or rely on a particular claim.

The first paragraph identifies you, states that you are over 18, and confirms that you have personal knowledge of what follows. A standard opening reads: “My name is [Full Name]. I am over 18 years of age and competent to make this declaration. I have personal knowledge of the facts stated herein, and if called as a witness, I could and would testify competently to them.”

The Closing Language You Cannot Paraphrase

This is where self-represented filers most often get their declarations struck. Federal law prescribes specific words. For a declaration signed inside the United States, the closing must read substantially as follows: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].” Your signature goes below.¹ If you sign outside the United States, the closing must also include the phrase “under the laws of the United States of America.” Print your full name and the date beneath your signature.

Do not rewrite this language. “I swear this is true” or “I affirm the above” does not satisfy the statute. Copy the prescribed wording verbatim.

What Belongs in the Body

Two rules govern every sentence you write: stick to what you personally witnessed, and present facts rather than arguments.

Personal Knowledge Only

Every fact in your declaration must come from your own direct observation or experience. Under the federal rules of evidence, a witness can testify only to matters within their personal knowledge.² The same standard applies to declarations used in court filings, including those filed under Federal Rule of Civil Procedure 56 in support of or opposition to summary judgment.³ If you saw it, heard it, received it, or wrote it, you can describe it.

What does not qualify: repeating what someone else told you about events you did not witness. That is hearsay, and courts generally exclude it.⁴ If you write “My neighbor told me the landlord entered my apartment on Tuesday,” the judge can strike it because you did not see the entry yourself. The fix is to have the neighbor file their own declaration. Exceptions to the hearsay rule exist, but if you are not confident one applies, leave the secondhand material out.

Facts, Not Opinions

Write what happened, not what you think it means. “The driver ran the red light and hit the passenger side of my car” is a fact. “The driver was reckless and clearly at fault” is a legal conclusion the judge will reach without your help. If you load the declaration with conclusions, the other side will move to strike those portions and the judge is likely to agree.

Use “I” statements. Lay out events in chronological order. Be specific: “On June 3, 2025, at approximately 2:15 p.m., I was standing at the intersection of Oak Street and Main Avenue” does real work. “One afternoon last summer, I was near an intersection” does not. If you are uncertain about a detail, say so plainly: “To the best of my recollection, the meeting took place on or about April 10, 2025.” An honest qualification protects you; a precise date you cannot verify can destroy your credibility if it turns out to be wrong.

Attaching Exhibits

When you reference a document, attach it as a labeled exhibit. Label them sequentially: Exhibit A, Exhibit B, and so on. Introduce each exhibit in the body before referencing it. For example: “Attached as Exhibit A is a true and correct copy of the email I received from [Name] on March 15, 2025.” That sentence identifies the document, authenticates it, and ties it to the facts you are describing.

Only attach documents directly relevant to your statements. Each exhibit should connect to a specific numbered paragraph. If an exhibit runs long, excerpt the relevant pages and note that you have done so. Padding your filing with loosely related paperwork does not help, and judges notice.

Mistakes That Get Declarations Rejected

Missing or altered perjury language. The closing must track 28 U.S.C. 1746; substitutes like “I swear” do not qualify.¹
No date on the declaration. Federal law requires it, and an undated declaration can be challenged as defective.
Arguing instead of stating facts. “It is clear that,” “any reasonable person would agree,” and “the defendant obviously intended” belong in a brief, not a declaration.
Including hearsay without recognizing it. Repeating what someone else told you about events they witnessed is generally inadmissible; get a separate declaration from that person.⁴
Wall-of-text paragraphs. Long unnumbered narrative blocks make it impossible for the court to cite specific facts. Number every paragraph and keep each one focused on a single point.
Irrelevant exhibits. Every attachment should tie to a specific numbered paragraph.

Signing and Filing

Read your declaration through at least twice before signing. Check every date, name, and factual detail against your supporting documents. Look for internal contradictions: if paragraph 4 places a meeting on a Monday and your date lands on a Wednesday, opposing counsel will catch it. Proofread for typos. A declaration full of errors does not inspire confidence in its accuracy.

Sign above your printed name, write the date, and include the full perjury statement. Make copies for your records and for each opposing party. Most courts require you to serve a copy on the other side when you file. File the original with the court clerk by hand delivery, mail, or the court’s electronic filing system where one is available. Check your court’s local rules for accepted filing methods, font size, line spacing, and page limits. Local rules vary significantly, and ignoring them can delay your filing or get it rejected at the counter.

Penalties for False Statements

Signing under penalty of perjury is not a formality. Knowingly including false statements exposes you to criminal prosecution. Federal perjury carries a maximum sentence of five years in prison.⁵ The maximum fine for a federal felony of this type is $250,000.⁶ State perjury statutes impose their own penalties, which vary but are uniformly serious.

The practical consequence often arrives sooner than the criminal one. Once a judge catches a single misrepresentation, the rest of what you have written becomes suspect, and the case you were trying to build turns against you. Accuracy is the point. Write only what you know, write it in the format the court expects, and close it in the words the statute requires.

1
Office of the Law Revision Counsel. 28 USC 1746 Unsworn Declarations Under Penalty of Perjury
2
Legal Information Institute. Federal Rules of Evidence Rule 602 Need for Personal Knowledge
3
Legal Information Institute. Federal Rules of Civil Procedure Rule 56 Summary Judgment
4
Legal Information Institute. Federal Rules of Evidence Rule 802 The Rule Against Hearsay
5
Office of the Law Revision Counsel. 18 US Code 1621 Perjury Generally
6
Office of the Law Revision Counsel. 18 USC 3571 Sentence of Fine