Glossary

Declaration

A written statement signed under penalty of perjury. Used in many courts as an alternative to a notarized affidavit. The legal effect: and the criminal consequences for lying: are the same.

Declarations are easier to use than affidavits because they don't require finding a notary. The federal version, under 28 U.S.C. § 1746, just requires the statement, the signature, and the words "I declare under penalty of perjury that the foregoing is true and correct."

Declarations are common with motions, especially summary judgment motions where each side submits the witness statements they want the court to consider. The other side can challenge the credibility or admissibility, but a properly executed declaration carries the same evidentiary weight as an affidavit.