A declaration is your story in writing, sworn to be true. Judges read them in almost every motion. A good one helps. A bad one gets ignored.

Write in first person. "I" statements. You are telling the court what you personally saw, heard, or did. Not what someone told you. Not what you think happened. What you know.

Stick to facts. Dates. Places. Names. What happened, in order. Leave the arguing for the motion itself. A declaration is not where you make legal arguments. It is where you put the facts the arguments stand on.

Keep it short. Judges are busy. Five pages of background is not five times better than one page of facts. Say what happened, when it happened, and why it matters. Then stop.

Be specific. "He helps me" is weak. "He calls every Sunday and helps my son with his homework over the phone" is strong. Details are what make a declaration believable.

End it the right way. A federal declaration closes with a statement that you declare under penalty of perjury that what you wrote is true and correct, then your signature and the date. Without that, it is just a letter.

One more thing. Do not exaggerate. One line the judge does not believe can sink the ten lines around it. Tell the truth, plainly, and let it stand.

If you need help putting a declaration together or getting it filed with the motion, reach out. Pro Se Help prepares documents for people representing themselves. Free consultation at prosehelpllc.com. This is general information, not legal advice.

Common questions

What is the difference between a declaration and an affidavit?

Both are sworn written statements. An affidavit is typically notarized, while a federal declaration uses a written penalty-of-perjury statement and a signature instead. In federal court, a proper declaration carries the same weight.

Does a declaration need to be notarized?

No. A federal declaration closes with a statement that you declare under penalty of perjury that what you wrote is true and correct, then your signature and the date. Without that closing, it is just a letter.

How long should a declaration be?

As long as the facts need and no longer. One page of specific, first-person facts beats five pages of background. Say what happened, when, and why it matters, then stop.

Related reading: How to Write a Support Letter for Federal Sentencing at /blog/how-to-write-a-support-letter-for-federal-sentencing — 5 Filing Mistakes That Get Federal Court Motions Rejected at /blog/5-filing-mistakes-that-get-federal-motions-rejected