How Do You Write a Declaration in Support of a Motion?

Filing a motion without solid factual support is one of the fastest ways for a self-represented litigant to lose. A judge rules on facts, and a declaration in support of a motion is how you put those facts into the record under oath. Learning how to write a declaration in support of a motion protects your filing from attack and gives the court a clean, admissible basis to grant what you ask. This guide walks pro se plaintiffs and defendants through the required elements, the correct structure, the penalty-of-perjury language, and the drafting errors that get declarations struck.

The Essentials

A declaration in support of a motion is a written statement of facts made under penalty of perjury by someone with personal knowledge, filed to give a court the sworn evidence it needs to rule on the motion. Under 28 U.S.C. 1746, a federal declaration carries the same weight as a notarized affidavit when it contains the correct perjury statement.

1. A valid declaration states only facts within the declarant's personal knowledge, never argument or legal conclusions.
2. Federal declarations follow 28 U.S.C. 1746 and require the exact penalty-of-perjury wording, the date, and a signature.
3. Exhibits attach to the declaration and get authenticated by the declarant, paragraph by paragraph.
4. State and local rules change formatting, caption, and deadline requirements, so confirm the rule in your court.
5. Conclusory or hearsay statements invite a motion to strike and weaken the underlying motion.

What is a declaration in support of a motion?

A declaration in support of a motion is a signed statement of facts made under penalty of perjury that supplies the evidence a court relies on to rule. The declarant swears the facts are true from personal knowledge. The declaration accompanies the motion and the supporting memorandum.

A motion is a formal request asking the court to take a specific action, such as dismiss a claim, compel discovery, or grant summary judgment. The motion argues the law. The declaration supplies the facts. Judges cannot accept unsworn assertions in a brief as evidence, so the declaration converts your account into admissible proof. In our drafting work, we treat the declaration as the factual backbone of the entire filing, because a persuasive legal argument collapses without sworn facts underneath it. For motions that resolve a case on the evidence, review how our attorneys prepare affidavits and declarations to support summary judgment.

How does a declaration differ from an affidavit?

A declaration and an affidavit both present sworn facts, but they differ in one procedure: an affidavit requires notarization, and a declaration does not. A declaration substitutes a statutory penalty-of-perjury statement for the notary's oath, which makes it faster to prepare.

Federal courts accept declarations under 28 U.S.C. 1746, so a declarant signs without visiting a notary. An affidavit demands that the declarant swear before a notary public or authorized officer who then stamps the document. Both carry the same evidentiary weight once executed correctly. State practice varies. Some state courts, such as certain probate and family divisions, still require notarized affidavits for particular filings, so confirm your jurisdiction's rule before choosing the format. For federal motions, the declaration is the practical default because it removes a scheduling step without sacrificing admissibility.

What are the required elements of a valid declaration?

A valid declaration contains five required elements: a caption identifying the case, a statement of personal knowledge and competence, numbered factual paragraphs, the penalty-of-perjury statement, and a dated signature. Missing any one exposes the declaration to a motion to strike.

The caption names the court, the parties, the case number, and the title of the motion the declaration supports. The competence statement confirms the declarant is over 18, of sound mind, and testifying from personal knowledge. The factual paragraphs state what the declarant saw, heard, or did, each numbered for easy citation. The perjury clause tracks the statutory language. The signature block includes the execution date and location. Each element does specific work, and courts enforce all five.

How do you structure a declaration step by step?

Structure a declaration in a fixed six-step order so the court reads it without confusion. Follow the same sequence every time to keep your filings consistent and admissible.

1. Caption the document with the court, parties, case number, and declaration title.
2. Identify the declarant and state age, competence, and personal knowledge.
3. State the purpose in one sentence, naming the motion the declaration supports.
4. Present the facts in numbered paragraphs, one fact per paragraph, in chronological order.
5. Reference and authenticate each exhibit within the paragraph that discusses it.
6. Close with the 28 U.S.C. 1746 perjury statement, the date, the signature, and the printed name.

This order moves from identity to facts to authentication to oath, which mirrors how a judge evaluates the filing. Keep sentences short and factual. A declaration that reads cleanly earns credibility that a cluttered one loses.

What personal knowledge and facts belong in a declaration?

Only facts the declarant personally observed, heard, or did belong in a declaration. Personal knowledge means direct sensory experience, not belief, opinion, or secondhand information. State dates, amounts, communications, and events you witnessed firsthand.

A declarant may describe a conversation they participated in, a document they signed, or a payment they made. A declarant cannot state what a third party knew or intended unless that person told them directly, and even then the statement is limited. Legal conclusions, such as "the defendant breached the contract," have no place in a declaration; those belong in the memorandum. Under Federal Rule of Civil Procedure 56(c)(4), a declaration used on summary judgment must be made on personal knowledge, set out admissible facts, and show the declarant is competent to testify. Restrict every paragraph to what you can prove, and the declaration holds up under challenge.

How do you cite and attach exhibits to a declaration?

Cite and attach exhibits by labeling each one, referencing it inside the paragraph it supports, and authenticating it through the declarant. The declaration is the vehicle that gets documents into evidence, so each exhibit needs a sworn foundation.

Mark exhibits sequentially, such as Exhibit A, Exhibit B, and Exhibit C, and attach them behind the declaration. Inside the relevant paragraph, write a sentence like "Attached as Exhibit A is a true and correct copy of the lease I signed on March 3, 2024." That sentence authenticates the document by tying it to the declarant's personal knowledge. Number the pages and keep exhibits in the order you cite them. For guidance on what proof strengthens a filing, see our overview of supporting documents to attach to your motion. Unauthenticated exhibits get excluded, so never attach a document the declaration does not sponsor.

The 28 U.S.C. 1746 penalty-of-perjury statement explained

The 28 U.S.C. 1746 penalty-of-perjury statement is the statutory language that lets an unsworn declaration substitute for a notarized affidavit in federal court. The statute prescribes near-exact wording, and courts reject declarations that stray from it.

For a declaration executed inside the United States, the required form reads: "I declare under penalty of perjury that the foregoing is true and correct. Executed on [date]." followed by the signature. A declaration executed outside the United States adds the phrase "under the laws of the United States of America." The date and signature are mandatory. Omitting the perjury clause or the execution date strips the document of evidentiary value, and opposing counsel will move to strike it. Copy the statutory language precisely, and place it immediately above the signature line.

Common mistakes that get a declaration struck

The most common mistakes that get a declaration struck are hearsay, legal conclusions, argument, speculation, and missing perjury language. Courts strike defective paragraphs on motion, and a stricken declaration can sink the motion it supports.

Declarants often slip in what someone else told them, which is inadmissible hearsay under Federal Rule of Evidence 802. Others argue the merits instead of stating facts, blurring the line between declaration and brief. Speculation about another party's motive lacks personal knowledge and gets excluded. A declaration that guesses at amounts instead of stating exact figures invites challenge. Opponents attack these defects through a motion to strike, and our attorneys handle both sides of that fight, including motions to strike false declarations and motions to strike improper affidavits. Draft tight, factual paragraphs, and you remove the target.

How do jurisdictional rules and deadlines change your declaration?

Jurisdictional rules change the format, the caption, the perjury wording, and the filing deadline for a declaration. Federal courts follow 28 U.S.C. 1746 and the Federal Rules of Civil Procedure, while each state and local court sets its own requirements.

Federal district courts commonly require a supporting declaration to be filed with the motion, and Federal Rule of Civil Procedure 6 governs how you count response deadlines. California permits declarations under Code of Civil Procedure section 2015.5 with slightly different wording. Local rules dictate page limits, exhibit tabbing, and electronic filing formats. Miss a deadline and the court can disregard your declaration or deny the motion outright. Confirm the governing rule, the caption format, and the due date in your specific court before you file, because the requirements that apply in one jurisdiction do not transfer to another.

Where can you hire someone to draft a declaration in support of a motion?

You can hire experienced legal professionals to draft a declaration in support of a motion through LegalHusk, where our attorneys prepare court-ready, jurisdiction-tailored filings for pro se litigants, attorneys, and businesses. We build declarations that state admissible facts, authenticate exhibits, and carry the correct perjury language.

Self-represented plaintiffs and defendants often know their facts but struggle with format and admissibility, and that gap is where a filing fails. Our lawyers translate your account into a clean, sworn record that survives a motion to strike. Attorneys rely on our drafting for overflow capacity and court-ready quality, and our documents are built to withstand challenges. Where courtroom representation is relevant, it is available on a retainer basis, subject to your jurisdiction, its applicable rules, and the availability of a licensed attorney in your state. For motions that turn on sworn proof, see why litigants hire our team to write an opposition to a summary judgment motion. Contact LegalHusk today for professional declaration drafting.

Frequently Asked Questions

1. Does a declaration need to be notarized?

No. A declaration filed under 28 U.S.C. 1746 substitutes a penalty-of-perjury statement for notarization, so it does not require a notary. An affidavit, by contrast, requires a notary's oath. Confirm your state rule, because some state courts still demand notarized affidavits for specific filings.

2. Can a party sign their own declaration?

Yes. A party may sign a declaration in support of their own motion, provided the statement rests on that party's personal knowledge. The declarant swears to facts they personally observed or experienced, not to legal conclusions or the actions of others they did not witness.

3. How long should a declaration be?

A declaration should be as long as the facts require and no longer. Most run one to four pages with numbered paragraphs, each stating a single fact. Length matters less than relevance, so include every material fact the motion needs and cut argument, opinion, and repetition.

4. What happens if a declaration contains hearsay?

The opposing party moves to strike the hearsay, and the court excludes the offending statements. Hearsay is an out-of-court statement offered for its truth, inadmissible under Federal Rule of Evidence 802. Striking key paragraphs can leave the motion without factual support and cause it to fail.

5. What is the difference between a declaration and a motion?

A motion is the formal request asking the court to act, and it argues the law. A declaration is the sworn factual evidence that supports the motion. The motion tells the court what to do; the declaration proves the facts that justify the ruling.

6. Can a declaration be used on summary judgment?

Yes. Federal Rule of Civil Procedure 56(c)(4) permits a declaration on summary judgment when it is made on personal knowledge, sets out admissible facts, and shows the declarant is competent to testify. A defective declaration gets stricken and cannot create or defeat a fact dispute.

7. What deadline applies to filing a declaration?

The deadline matches the motion the declaration supports, and it varies by court. Federal Rule of Civil Procedure 6 governs how you count days in federal court, while local rules set specific filing windows. Confirm the exact deadline in your jurisdiction to avoid the court disregarding the declaration.

8. Can I attach documents to my declaration?

Yes. You attach documents as labeled exhibits and authenticate each one inside the paragraph that discusses it. State that the exhibit is a true and correct copy tied to your personal knowledge. Unauthenticated documents get excluded, so every exhibit needs the declaration's sworn sponsorship.

Conclusion

Knowing how to write a declaration in support of a motion turns your account into admissible, sworn evidence a judge can act on. A strong declaration states only personal-knowledge facts, authenticates every exhibit, tracks the 28 U.S.C. 1746 perjury language, and meets your jurisdiction's format and deadline. Get any of those wrong and a motion to strike can undo the entire filing. Our legal professionals draft court-ready declarations that hold up under challenge for pro se litigants, attorneys, and businesses. Order your declaration today with LegalHusk and file with confidence.