District court — civil · Motions
Declaration / Affidavit
Sworn or penalty-of-perjury testimony supporting a filing.
Filed by: Any party or witness
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Caption: court name, title of the action, file number and document designation (FRCP 10(a))
- Numbered statements on personal knowledge
- Exhibits identified and authenticated
- Unsworn declaration language: “I declare under penalty of perjury that the foregoing is true and correct. Executed on (date).” (28 U.S.C. § 1746)
- Declarant’s signature
- Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))
Governing rules
- 28 U.S.C. § 1746
- FRCP 56(c)(4)
Check the local rules for
- Exhibit labeling and attachment rules
- Electronic-filing procedures (PDF format, file size, exhibits)
Applies in federal district courts. Find your court for its local requirements.
Other motions
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Track the deadline, service and filing checklist alongside the rest of the matter.