A sworn declaration form is a written statement you sign under penalty of perjury that federal law treats with the same legal weight as a notarized affidavit.1Office of the Law Revision Counsel. 28 U.S. Code 1746 – Unsworn Declarations Under Penalty of Perjury To be valid, it needs the exact statutory closing language, factual statements made from your personal knowledge, your signature, and the date you signed. Get those four elements right and the document is enforceable. Miss any one of them and a judge can strike it from the record before reading the substance.
The Closing Language You Must Include
The single most common reason a declaration fails is a missing or botched closing statement. Federal law prescribes the specific wording, and courts take it seriously. Which form you use depends on where you sign the document.1Office of the Law Revision Counsel. 28 U.S. Code 1746 – Unsworn Declarations Under Penalty of Perjury
If you sign the declaration anywhere inside the United States, its territories, possessions, or commonwealths, use this form:
“I declare under penalty of perjury that the foregoing is true and correct. Executed on [date]. [Signature]”
If you sign outside the United States, the required form adds a reference to U.S. law:
“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]. [Signature]”
The statute says the language must be “substantially” in this form, which gives you slight flexibility in wording. Not much. The phrase “under penalty of perjury” is non-negotiable. Drop it and the document has no legal effect. Place your signature directly below this closing statement, not in a separate signature block somewhere else on the page.
The perjury clause is also what gives the declaration its teeth. Under federal law, making a false material declaration in a court proceeding carries up to five years in prison.2Office of the Law Revision Counsel. 18 U.S. Code 1623 – False Declarations Before Court or Grand Jury A false statement does not have to be the central issue to qualify. It only needs to be “material,” meaning it had a natural tendency to influence the proceeding or was capable of doing so.3Ninth Circuit District and Bankruptcy Courts. Perjury – Testimony (18 U.S.C. 1621) That is a low bar.
What to Put in the Body
Caption and Identification
If the declaration supports a court case, begin with the case caption: the name of the court, the names of the parties, and the case number. Below that, title the document clearly, something like “Declaration of [Your Name] in Support of [Motion Title].” This helps the clerk file it correctly and helps the judge find it in the record.
The first paragraph of the body should identify you by full legal name, city and state of residence, and a brief statement of why you have relevant knowledge. If you are a party to the case, say so. If you are a third-party witness, explain how you observed the events or how you acquired the information. This identification lets the court assess whether you are in a position to know the facts you are about to describe.
Numbered Factual Statements
Present each fact as a separate numbered paragraph. Courts expect this format because it allows a judge or opposing counsel to pinpoint and challenge specific statements. Begin each paragraph with a fact, not a conclusion. “On March 12, 2025, I personally delivered the signed contract to Mr. Rivera at his office” works. “Mr. Rivera breached the contract” does not. That is a legal conclusion for the court to decide, not a fact for you to declare.
Keep facts in chronological order where possible. Each numbered paragraph should generally address a single event or piece of information. When one paragraph tries to cover three separate topics, it becomes hard to cite in a brief and easy to challenge on cross-examination.
The Signature Block
After your last numbered paragraph, add the closing perjury language, then sign and date the document. Print your name below your signature for legibility. No notary is required for a standard declaration under federal law. The penalty of perjury clause does that job.4eCFR. 32 CFR 516.26 – Unsworn Declarations Under Penalty of Perjury
The Personal Knowledge Rule
This is where most declarations fall apart. Every factual statement must come from your own firsthand observation or experience. Federal rules require that a witness “may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.”5GovInfo. Rule 602 – Need for Personal Knowledge The same standard applies to declarations used in motions: they “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.”6U.S. Court of International Trade. Rule 56 – Summary Judgment
In practice, this means you cannot repeat what someone else told you, speculate about someone’s motives, or state facts you did not personally witness. Courts routinely strike paragraphs, or entire declarations, that consist of conclusions rather than observable facts. Saying “the landlord never made repairs” is fine if you lived in the unit and saw the condition firsthand. Saying “the landlord is negligent” is a legal opinion the court will ignore.
There is a narrow exception. In certain contexts, statements made “on information and belief” are allowed, meaning you believe them to be true based on information you received but did not personally observe. When using this basis, flag it explicitly (“On information and belief, I state that…”) and explain the source. Courts give these statements far less weight than firsthand observations, and in many procedural contexts, particularly when opposing summary judgment, information-and-belief statements are not sufficient at all.
Attaching and Authenticating Exhibits
If you are referencing documents like contracts, emails, photographs, or receipts, attach them as exhibits. Stapling a document to the back is not enough. You must authenticate each exhibit within the body of the declaration by identifying it and explaining what it is.
Label each exhibit sequentially (Exhibit 1, Exhibit 2, and so on) and reference it with specific language in the numbered paragraphs. For example: “Attached as Exhibit 1 is a true and correct copy of the lease agreement I signed on January 15, 2024.” That sentence establishes both that you have personal knowledge of the document and that the copy is accurate.
Federal evidence rules require that any item of evidence be authenticated by “evidence sufficient to support a finding that the item is what the proponent claims it is.”7Legal Information Institute. Rule 901 – Authenticating or Identifying Evidence Your declaration serves as that authenticating evidence for each exhibit, which is why the identifying language matters. Attach a document without mentioning it in the body and the court can disregard it entirely.
Declaration or Notarized Affidavit?
People use these terms interchangeably, but they are different documents. An affidavit is a sworn statement signed before a notary public or other authorized official who administers an oath. A declaration under penalty of perjury eliminates the notary requirement. The written perjury clause replaces the oral oath, and federal law explicitly allows this substitution for nearly all purposes.1Office of the Law Revision Counsel. 28 U.S. Code 1746 – Unsworn Declarations Under Penalty of Perjury
The practical advantage is speed. You can prepare, sign, and file a declaration on your own. No appointment with a notary, no fee, no witness required. In federal court, declarations and affidavits are interchangeable for motions, evidence submissions, and most filings.
Three situations still demand a sworn statement rather than a declaration:
- Depositions, which must be given under oath administered by an authorized officer.
- Oaths of office, which require formal swearing in.
- Oaths required before a specified official other than a notary, where a particular proceeding requires an oath administered by a particular type of official.
Beyond these federal exceptions, state courts and administrative agencies have their own rules. A majority of states accept unsworn declarations, but individual court rules or specific form requirements may still demand a notarized affidavit. Check the local rules before assuming a declaration will be accepted.
Formatting, Filing, and Service
Federal law does not prescribe a specific font or margin width. Those details come from local court rules, which vary by jurisdiction. Most federal and state courts expect standard legal formatting: letter-size paper, at least 12-point font in a readable typeface, double-spaced body text, and one-inch margins on all sides. Where a court has published local rules specifying formatting, follow them exactly. A declaration that violates formatting requirements can be rejected by the clerk before a judge ever sees it.
Always type the declaration rather than handwriting it. Handwritten declarations are not inherently invalid, but they are harder to read, harder to cite, and they signal to the court that you may not have taken the process seriously. If exhibits push the document beyond a handful of pages, include a table of contents or exhibit list after the caption page.
Filing is only half the requirement. You must also serve a copy on every other party. In federal court, service goes to the opposing party’s attorney if they have one, not directly to the party. Service can be made by handing over a copy, mailing it to the attorney’s last known address, or sending it through the court’s electronic filing system. Electronic service through the court’s e-filing system does not require a separate certificate of service. For every other method, you must file a certificate of service documenting who was served, when, and how.8Legal Information Institute. Rule 5 – Serving and Filing Pleadings and Other Papers
Timing matters. If the declaration supports a motion, it must be filed and served within the deadlines set by the court’s scheduling order or the procedural rules for that type of motion. Filing a declaration the night before a hearing is a good way to have it excluded. Judges need time to read what you submit, and opposing counsel needs time to respond.
Mistakes That Get Declarations Thrown Out
Courts strike or disregard declarations for a predictable set of errors.
- Missing perjury language. If the closing statement omits “under penalty of perjury” or fails to substantially follow the statutory form, the entire document has no legal effect. The court treats it as an unsigned letter.
- Legal conclusions instead of facts. Statements like “the defendant was negligent” or “the contract was breached” are conclusions for the judge to reach, not facts for you to declare. Stick to what you saw, heard, and did.
- Hearsay. Repeating what someone else told you is generally inadmissible. If the other person’s account matters, that person needs to sign their own declaration.
- No showing of personal knowledge. If the declaration does not explain how you know the facts you are stating, the court has no basis to credit your testimony. Explain your connection to the events.
- Unsigned or undated. A declaration without a signature or execution date is incomplete on its face and will be rejected.
- Wrong form for the location. Signing outside the United States but using the domestic form, which omits “under the laws of the United States of America,” creates a technical deficiency some courts will enforce.
Before you sign, draft the declaration, review every numbered paragraph for personal knowledge and factual specificity, verify the closing language matches the statutory form, and have someone else read it. Once signed, you cannot change it. You can only file a supplemental declaration correcting or adding to the original.