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Declaration: General (Federal)

by Practical Law Litigation

Maintained | USA (National/Federal)

A Standard Document providing a template for a declaration that may be used to submit factual evidence in federal civil litigation. This Standard Document is a model for an unsworn written statement made under penalty of perjury, consistent with 28 U.S.C. § 1746, that can be used in lieu of a sworn affidavit. It addresses the use of declarations to present witness statements or authenticate documentary exhibits in support of motions and other court filings. This Standard Document also discusses key procedural and formatting requirements under the Federal Rules of Civil Procedure (FRCP), as well as local court and CM/ECF rules. It outlines the foundational elements for a declarant's testimony and highlights the practical advantages of using a declaration over an affidavit, particularly when a declarant is located in a foreign country. It also notes the different statutory language required depending on whether the declaration is executed within or outside the United States.

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