To write a declaration for court, put your facts in writing, number the paragraphs, sign and date the document, and add the perjury clause required by federal law. That’s the whole structure. The care goes into three places: using the correct perjury language, limiting yourself to facts you personally know, and formatting the document the way your court expects. Get those right and your declaration carries the same weight as sworn testimony under 28 U.S.C. § 1746.
The Six Parts Every Declaration Needs
A declaration has a fixed anatomy. Leave a piece out and the court may reject the filing or the other side may move to strike it.
- Case caption. The court’s name, the case title (for example, Smith v. Jones), and the case number. Federal Rule of Civil Procedure 10(a) requires this on every court filing.
- Title. Centered under the caption, usually “Declaration of [Your Full Legal Name].”
- Identification paragraph. Your full legal name, current address, and your role in the case (party, witness, expert).
- Numbered statement of facts. One point per paragraph, in chronological order, based on what you personally know.
- Perjury clause. The specific language from 28 U.S.C. § 1746.
- Signature and date. Signed by hand or electronically, dated the day you actually signed.
Getting the Perjury Clause Right
This is where people trip. Federal law prescribes two forms of the clause, and the one you use depends on where you are physically located when you sign.
Signed inside the United States, its territories, or commonwealths: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].”
Signed outside the United States: “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].”
The statute allows “substantially the following form,” so a minor variation won’t automatically sink your filing. There’s no advantage to drifting from the prescribed wording, though. Use the version that matches where you sign and move on.
The consequences are not symbolic. Under 18 U.S.C. § 1621, knowingly stating something untrue in a declaration under penalty of perjury is perjury, punishable by a fine, up to five years in federal prison, or both.
Writing the Statement of Facts
The body of the declaration is a series of numbered paragraphs, each covering a single point. This is not the place for argument, opinion, or emotional language. Courts care about facts you witnessed or know firsthand.
Stick to Personal Knowledge
Federal Rule of Civil Procedure 56(c)(4) sets the standard: a declaration must be “made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.” Lack of personal knowledge is the most common reason courts strike declarations. If you didn’t see it, hear it, or do it yourself, don’t present it as if you did.
There is a narrow workaround. When you have a reasonable basis for believing something you didn’t witness directly, you can state it “on information and belief,” but you have to label it that way and tie it to a source. For example: “I am informed and believe that the defendant received the letter on June 3, 2025, based on the delivery confirmation attached as Exhibit B.” A naked information-and-belief statement with no basis attached tends to get ignored.
Structure and Tone
Put events in chronological order. Open each paragraph with a date, time, or context so the reader can follow the sequence. Be specific: the intersection, the license plate, the time you arrived. Vague recollections carry little weight.
Keep the language plain. “I saw the blue car run the red light” works. “I observed the vehicle in question proceed through the intersection in contravention of the traffic signal” does not; it sounds performed rather than remembered. Write the way you’d describe events to a friend, then clean up the grammar.
Avoid legal conclusions. “The defendant was negligent” or “this constitutes fraud” is for the judge to decide. Your job is to lay out the facts that support those conclusions, not to reach them for the court.
Attaching Exhibits
Declarations often reference documents: contracts, emails, photographs, medical records. Rather than describing them in detail, attach them as labeled exhibits and reference them in the body.
Label each exhibit sequentially (Exhibit A, Exhibit B, or Exhibit 1, Exhibit 2). In the paragraph that references the document, use authenticating language: “Attached as Exhibit A is a true and correct copy of the email I sent to the landlord on November 15, 2025.” That sentence tells the court what the document is and establishes that you can vouch for it because you sent or received it yourself.
Put a cover sheet or tab on each exhibit. If you’re attaching more than a few, add a short index after the signature page listing each exhibit and a one-line description.
Formatting the Document
Local rules vary, but the following standards apply broadly:
- Paper size: Standard 8.5 × 11 inch paper.
- Margins: At least one inch on all sides.
- Font: A readable, standard font. Times New Roman or Arial at 12 points is the safest choice.
- Spacing: Double-spaced body text. Indented block quotes may be single-spaced.
- Paragraph numbering: Number each paragraph sequentially. Federal Rule of Civil Procedure 10(b) requires numbered paragraphs, each “limited as far as practicable to a single set of circumstances.”
- Line numbering: Some jurisdictions, including California state courts, require consecutive line numbers along the left margin. Check your local rules.
The case caption goes at the top in the format your court requires. Center the declaration title below it. After the last numbered paragraph, leave room for the perjury clause, signature, and date.
Signing, Dating, and Filing
A declaration has no legal effect until it’s signed. On paper, that means a handwritten signature. If you’re filing electronically, you’ll typically type “/s/ [Your Name]” on the signature line. Many federal courts require the filer to keep the original signed paper copy for the duration of the case, including any appeal period, even after the electronic version is filed. Check your court’s local rules for the specific retention requirement.
Date the declaration the day you actually sign it, not the day you drafted it or the day it will be filed. A gap between the signature date and the filing date is normal. A gap between the signature date and reality is a problem.
A declaration supporting a motion generally must be served with the motion. Under Federal Rule of Civil Procedure 6(c), the motion and notice of hearing must be served at least 14 days before the hearing. A declaration in opposition to someone else’s motion must be served at least 7 days before the hearing unless the court sets a different deadline. State courts set their own timelines; confirm with the clerk if you’re unsure. After filing, serve copies on every other party. Failing to serve opposing parties can get your declaration disregarded.
Mistakes That Get Declarations Struck
- Wrong perjury clause. Using the outside-the-U.S. form when signing domestically, or leaving the clause off entirely. Easy target for opposing counsel.
- No personal knowledge. Stating secondhand facts without labeling them as information and belief. Courts routinely strike these paragraphs.
- Legal conclusions. Writing “the contract was breached” or “the defendant acted negligently” instead of describing what happened. A declaration is evidence, not argument.
- Missing signature or date. An unsigned declaration is a piece of paper. An undated one invites questions about when you actually affirmed the statements.
- Vague or disorganized facts. Jumping between events with no dates or context forces the judge to reconstruct the timeline. That’s your job, not the court’s.
Sample Declaration
Here’s a short declaration for a witness in a car accident case. Note the domestic perjury clause, one-point paragraphs, and specific details.
DECLARATION OF JANE DOE
Case Name: Smith v. Jones
Case Number: 26-CV-12345
Court: Superior Court of the District of Columbia
I, Jane Doe, declare as follows:
1. My name is Jane Doe. I reside at 123 Main Street, Anytown, USA. I am over 18 years of age and competent to make this declaration.
2. I am a witness in the above-entitled matter. I have personal knowledge of the facts stated in this declaration and could testify competently to them if called as a witness.
3. On July 1, 2025, at approximately 3:00 p.m., I was standing on the northwest corner of the intersection of Oak Avenue and Elm Street, waiting to cross.
4. I observed a blue sedan with license plate ABC-123 traveling eastbound on Oak Avenue. The traffic signal facing the sedan was red.
5. The blue sedan entered the intersection without stopping and collided with a silver pickup truck with license plate XYZ-456, which was traveling northbound on Elm Street with a green light.
6. I heard the sound of screeching tires immediately before the impact.
7. After the collision, I saw the driver of the blue sedan exit the vehicle and walk around to inspect the damage to both vehicles.
I declare under penalty of perjury that the foregoing is true and correct. Executed on September 10, 2025.
_________________________
Jane Doe
Paragraph 1 establishes identity and competence. Paragraph 2 confirms personal knowledge. The rest follows a clear chronology with specific times, locations, and observations, and the declaration avoids any opinion about fault.
Declaration or Affidavit?
One boundary worth flagging. A declaration and an affidavit do the same job, but an affidavit is sworn before a notary who watches you sign and stamps the document, while a declaration skips the notary and relies on the perjury clause instead. 28 U.S.C. § 1746 lets you use a declaration anywhere a federal rule, regulation, or order calls for a sworn statement. The exceptions are depositions, oaths of office, and oaths that must be administered by a specific official other than a notary. Most states allow declarations in state court, but some still require notarized affidavits for certain filings. If you’re filing in state court, confirm with the local rules before you pick a format.