Basic requirements for a declaration in California

Basic requirements for a declaration in California.
Basic requirements for a declaration in California.

The basic requirements for a declaration in California are the topic of this blog post.

The basic requirements for a declaration in California are the topic of this blog post.

Code of Civil Procedure section 2015.5 is the statute that authorizes the use of a declaration instead of, or in lieu of, an affidavit.

Legal requirements for a declaration in California.

Any party that has been served with a motion, opposition, or other pleading that contains an affidavit or declaration should carefully review it to determine if it does in fact meet the legal requirements for a declaration in California.

The legal requirements for a declaration in California include the fact that a declaration that is signed outside of California that does not state that, “I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct”, does not conform with California law, namely Code of Civil Procedure section 2015.5, and should be objected to on that basis.

The California Supreme Court has stated in a published decision that a declaration that does not comply with the provisions of Code of Civil Procedure section 2015.5 is not admissible if properly objected to.

The average person would be astounded at what defects I used to see on a regular basis with declarations. In fact several years ago I prepared an evidentiary objection to the declarations of two defendants in support of a motion to dismiss because the declarations were signed in the State of Illinois and did not include the required language.

And readers should note that Code of Civil Procedure section 2015.5 also applies to verifications.  I have also drafted a meet and confer letter to opposing counsel because the verification attached to several discovery responses did not contain the required statement, and was vague as to where it was signed, stating only that it was “Executed inside the United States… ”

And the facts stated in any affidavit or declaration must be positively set forth, if only conclusions or opinions are stated that will not be sufficient.

Unless a statement is specifically made on information and belief it will be required that facts be shown as to how the person making the statement has personal knowledge of the facts. Otherwise the opposing party may object to the affidavit or declaration on the grounds of a lack of personal knowledge.

In particular, an affidavit or declaration that contains mostly conclusions and hearsay is particularly objectionable as in one case, a California Court of Appeal stated that an affidavit consisting of mere conclusions and hearsay was “a nullity and of no evidentiary value.”

Sample evidentiary objection to a declaration in California for sale.

Attorneys or parties in California who would like to view a portion of a sample evidentiary objection to a declaration that is sold by the author can see below.

Over 300 sample legal documents for California and Federal litigation for sale.

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The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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Basic requirements for a declaration in California
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Basic requirements for a declaration in California are the topic of this blog post.
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