Anaya Nolan
A declaration is a written statement made under penalty of perjury that provides information in a court case before a trial. It is a chance to give key facts related to the motion and is typically read by a Court Commissioner. Commissioners are often former family law attorneys and have very busy dockets. Therefore, it is important to structure your declaration for readability and conciseness. You can make attachments to your declaration, including documents, photographs, screenshots, and other pieces of evidence that are relevant to your case.
| Characteristics | Values |
|---|---|
| Length | Most sources recommend keeping the declaration concise and to the point. In California, declarations are limited to 10 pages. |
| Language | Avoid legalese and "fancy lawyer talk". Use your own words and write in a clear, concise manner. Avoid inflammatory or accusatory language. |
| Content | Provide key facts, requests, and responses. Include any relevant background information or additional details that support your requests. |
| Evidence | Include proof and exhibits to validate your case. Relevant evidence may include photographs, screenshots, texts, bills, school records, medical records, etc. |
| Honesty | It is important to tell the truth as declarations are made under penalty of perjury. |
| Attachments | Include any relevant documents or evidence that support your case. Refer to these attachments in your declaration. |
| Review | Take a break and review your draft with fresh eyes. Consider consulting an attorney for suggestions and revisions. |
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What You'll Learn
Keep it concise and clear
When writing a declaration for a family law case, it is important to keep it concise and clear. This is because the court commissioner or judge reading your declaration will likely be reviewing many cases in a given week and will not have time to sift through pages of text. They want you to get to the point in a clear and concise manner.
To achieve this, it is recommended that you take a 24-hour break before reviewing your draft. This will help you identify areas that are not reasonable or relevant, and allow you to edit for conciseness. You should also be mindful of the page limit for declarations, which is typically 10 pages, and avoid repeating facts or requests or including irrelevant information.
When writing your declaration, use your own words and avoid legalese or 'fancy' lawyer talk. Write from your own perspective and include only the key facts that are relevant to the motion. Base your statement on your own personal knowledge and experience, rather than what someone else has told you. Provide objective facts and avoid subjective conclusions or descriptions. If you do include a conclusion, be sure to back it up with lots of objective details.
It is also important to structure your declaration clearly. Include the name of the court, the parties' names, and the case number at the top. Use headings and labels to make it easy for the reader to navigate your declaration and find the information they need.
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Attach supporting evidence
When writing a declaration for a family law case, it is important to provide supporting evidence to strengthen your case. This evidence can include documents, photographs, screenshots, texts, bills, school records, medical or treatment records, criminal history, and law enforcement records.
- Relevance: Only include evidence that is directly relevant to your case. Ask yourself, "How does this support what I wrote in my Declaration?". Irrelevant evidence may detract from your argument and frustrate the judge.
- Organisation: Label all attached documents clearly and number them for easy reference. For example, you can label them as "Exhibits" or "Attachments" and number them accordingly (e.g., Exhibit A, Exhibit B, etc.). This helps you refer to them in your declaration and makes it easier for the Court Commissioner or judge to locate and consider them.
- Confidentiality: If you need to keep certain information confidential, such as financial or medical records, you can file it under a Sealed Cover Sheet. This will allow you to protect sensitive information while still providing it as evidence. Some exhibits may also need a sealed records cover sheet to maintain privacy. Additionally, if you are concerned about your safety or the safety of your children, you can redact or block out identifying information, such as your location, on the copies you submit to the court and provide to the other parties.
- Authenticity: Ensure that any photographs, screenshots, or documents are authentic and not altered. For example, if providing bank statements, only redact sensitive information, such as all but the last four digits of the account number.
- Objectivity: While it is important to tell your story and provide context, focus on providing objective facts rather than subjective conclusions or descriptions. Back up your arguments with concrete evidence. For example, instead of stating, "my husband is a monster," which is subjective, provide specific incidents or facts that support your claim.
- Storytelling: While remaining objective, try to structure your declaration to "tell a story." Present the key facts and your argument in a narrative format that helps the Court Commissioner or judge understand the context and flow of your case.
- Witness Statements: Include declarations or statements from supporting third-party witnesses who can provide additional evidence or corroborate your claims. Ensure that these statements also adhere to the rules of evidence and are sworn under penalty of perjury.
Remember, each county may have its own rules and maximum page count for declarations, so be sure to review the local guidelines before submitting your declaration and supporting evidence.
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Include background information
When writing a declaration for a family law case, it is important to include background information that provides context for the court. This can include details about your relationship with the other party, any relevant history or events, and the specific circumstances that led to the legal dispute. Here are some tips to help you effectively include background information in your declaration:
Provide a Clear and Concise Summary
Begin your declaration by offering a concise summary of the key background information. Focus on the essential details that are relevant to your case and avoid unnecessary tangents or excessive detail. This summary should provide a clear picture of the situation and help the court understand the context of your specific requests or arguments.
Include Personal Knowledge and Experiences
Base your declaration on your own personal knowledge and experiences. Share what you have directly witnessed, experienced, or been involved in. For example, if you are seeking full custody of your children, include information about your daily interactions with them, any challenges you have faced in co-parenting, or specific incidents that demonstrate your ability to provide a stable and safe environment.
Use Specific Examples and Details
Support your background information with specific examples and details whenever possible. Rather than making broad statements or generalizations, provide concrete instances that illustrate your points. For example, if you are declaring that your spouse has been emotionally abusive, include specific incidents, dates, or patterns of behaviour that demonstrate this.
Organize Your Information Logically
Present your background information in a logical and organized manner. Structure your declaration with clear headings or paragraphs that focus on specific aspects of the background. This helps the court understand the timeline of events, the relationships between the parties involved, and the significance of certain details.
Avoid Unnecessary Inflammatory Language
While it is important to be truthful and direct, avoid using inflammatory or excessively emotional language in your declaration. Stick to stating the facts and providing specific examples. Refrain from making derogatory statements about the other party, as this may reflect negatively on you and distract from the key issues. Remember, the court is primarily interested in objective facts and evidence.
Seek Legal Advice
Finally, consider consulting an experienced family law attorney who can provide guidance specific to your situation. They can help you navigate any unique circumstances, ensure your declaration complies with local rules, and advise you on effectively presenting your background information and case.
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Explain your requests
When writing a declaration for a family law case, it is important to provide context, explain your requests, and support your statements with evidence. Here are some key considerations:
Explain what you are asking the court to decide and why. Be direct and clear about your requests. For example, you might be requesting control over certain property or assets during a divorce proceeding, such as access to a joint bank account or the marital home. Outline the specific reasons for your requests and propose solutions or outcomes that support your position.
Provide Relevant Background Information:
Give the necessary background details that led to your requests. This may include relevant history, events, or actions that have a bearing on the case. Avoid unnecessary details or inflammatory language. Stick to the facts and present them objectively. Remember that your declaration should "'tell a story' and provide context for your requests.
Support Your Statements with Evidence:
Use proof to validate your case. Attach relevant documents, photographs, screenshots, texts, bills, school records, or medical reports as exhibits to support your statements and requests. Ensure that each piece of evidence has a clear purpose and relates directly to your declaration. Remember that judges have heavy caseloads, so provide concise and compelling evidence that supports your position without unnecessary repetition or irrelevant information.
Abide by Formatting and Procedural Requirements:
Declarations are typically limited to a specific page count, such as 10 pages in California. Sign and date your declaration, and include the name of the court, the parties' names, the case number, and your location (city and state). Remember that you are making this statement under penalty of perjury, so ensure that the information provided is truthful and accurate to the best of your knowledge.
Anticipate the Opposing Party's Response:
Consider the potential response from the other party and be prepared to address any refutations or counter-arguments. If they have evidence supporting their position, it will be presented to the court. Advocate for yourself by clearly communicating your perspective and providing a robust case that addresses any potential counterpoints.
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Sign and date the declaration
Signing and dating a declaration is a crucial step in the process, and it's important to understand the implications of this action. When you sign a declaration, you are essentially swearing under penalty of perjury that the information you have provided is true and correct. This means that you are legally accountable for the accuracy and honesty of your statement.
The signature section of your declaration should include the following key elements:
- A clear and concise statement declaring that the information in your declaration is true. This is typically done by including a sentence such as, "I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct."
- Your signature, which serves as your legal affirmation of the statement's truthfulness.
- The date on which you are signing the declaration. This adds a timestamp to your statement, confirming when you made the affirmation.
- Your printed name, clearly written below your signature.
- Your location, including the city and state. This provides a geographic context to your statement.
It is worth noting that, while your declaration does not need to be notarized or witnessed, it is always advisable to make multiple copies of your signed declaration. Keep one copy for your records and provide copies to all other parties involved in the case. In some instances, you may also need an extra copy for the judge. Filing your declaration with the court clerk and arranging for its delivery to the other parties are also essential steps in the process.
Frequently asked questions
A declaration is a written statement made under penalty of perjury. It is used to provide information to the court and can be made by a witness or a party to the case.
You should include key facts related to the motion, based on your own personal knowledge. You can also attach relevant documents, such as photographs, texts, bills, school records, and medical or treatment records. Keep your declaration concise and clear, and avoid speaking ill of the other party.
Declarations are typically limited to 10 pages, although some counties may have unique local rules regarding maximum page counts. It is important to be concise and avoid repeating facts or including irrelevant information.
Yes, you must sign and date your declaration. You also need to include a specific statement above your signature, such as "I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct." The signer's location (city and state) and printed name should also be included.
Yes, you can consult an experienced family lawyer or a family law facilitator to help you create or finalize your declaration. They can provide guidance and ensure that your declaration is structured effectively.
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