# Declaration Template (California) A declaration with numbered paragraphs, Code Civ. Proc., § 2015.5 verification clause, signature block, and optional exhibit list + cover pages. Compliant with CRC 2.100-2.119, CRC 2.111, and Code of Civil Procedure section 2015.5. ## Structure 1. Attorney/party info block (upper-left, within 2.5") 2. Court name (centered) 3. Caption: party block + case number / document title 4. Horizontal rule below caption 5. Document title body heading: "DECLARATION OF [NAME]" 6. Numbered paragraphs with substantive content 7. Verification clause (Code Civ. Proc., § 2015.5) 8. Date and place of execution 9. Signature block 10. Proof of Service (POS-030 or equivalent) 11. Exhibit cover pages + content (if exhibits attached) ## Scaffolded template ``` JANE DOE 123 Main Street Los Angeles, CA 90012 Tel: (213) 555-0100 Email: jane.doe@email.com Defendant, self-represented IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES VELOCITY INVESTMENTS, LLC, ) ) Case No. 24STCV12345 Plaintiff, ) ) DECLARATION OF JANE DOE vs. ) IN SUPPORT OF ) DEFENDANT'S MOTION TO JANE DOE, ) COMPEL FURTHER ) RESPONSES TO SPECIAL Defendant. ) INTERROGATORIES, SET ONE ) ) Date: March 15, 2025 ) Time: 10:00 a.m. ) Dept.: 36 ) Judge: Hon. John Smith ───────────────────────────────────────────────────────────── DECLARATION OF JANE DOE I, Jane Doe, declare as follows: 1. I am the Defendant in the above-captioned action. I have personal knowledge of the matters stated in this Declaration and, if called as a witness, could and would testify competently to those matters. 2. [Second paragraph — state the facts. Keep each paragraph to a single fact or closely related facts.] 3. **[Bold lead-in label for key factual point].** [Body text. Cite exhibits: "A true and correct copy of the [document] is attached hereto as Exhibit A."] 4. [Continue with numbered paragraphs. Each paragraph should contain one discrete factual assertion.] 5. [Final paragraph if needed.] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on _________________, at Los Angeles, California. ______________________________________ JANE DOE Defendant, self-represented PROOF OF SERVICE I, [Declarant Name], declare: I am over 18 years of age and not a party to this action. My business address is [address]. On [date], I served the foregoing DECLARATION OF JANE DOE IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL on the following parties by [method — see below]: [Name, address, and email of opposing party or counsel] [METHOD OF SERVICE — choose applicable:] By Electronic Service: I electronically served the foregoing document through [File & ServeXpress / Odyssey eFileCA / direct email] to the email address on file. (Code Civ. Proc., § 1010.6.) By Mail: I placed a true copy of the foregoing in a sealed envelope addressed as shown above and deposited it in the United States Mail at [city], California with first-class postage prepaid. (Code Civ. Proc., §§ 1013, 1013a.) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on _________________, at _________________, California. ______________________________________ [NAME OF SERVER] EXHIBIT A ───────────────── [Short italic caption for Exhibit A] [Exhibit A content begins on the next page] EXHIBIT B ───────────────── [Short italic caption for Exhibit B] [Exhibit B content begins on the next page] ``` ## Key California declaration rules ### Verification under Code Civ. Proc., § 2015.5 The verification clause must include all of: 1. "under penalty of perjury" 2. "under the laws of the State of California" 3. Date of execution 4. Place of execution (city, California) The standard form is: > "I declare under penalty of perjury under the laws of the > State of California that the foregoing is true and correct. > Executed on [date], at [city], California." **Common errors to avoid**: - Omitting "under the laws of the State of California" (making it look like a federal declaration, which uses 28 U.S.C. § 1746 language instead) - Writing "Executed at [city]" rather than "Executed on [date], at [city]" — the date must be in the perjury clause, not just in the signature block ### Opening paragraph The first paragraph should always: 1. Identify the declarant by name and role 2. State that the declarant has personal knowledge 3. State that the declarant could and would testify competently Standard form: "I, [Name], am the [Plaintiff / Defendant / Movant / [professional role, e.g., "attorney for Defendant"]] in the above-captioned action. I have personal knowledge of the matters stated in this Declaration and, if called as a witness, could and would testify competently to those matters." ### Exhibit authentication For each exhibit, include a paragraph in the body stating: > "Attached hereto as **Exhibit [A]** is a true and correct > copy of [description of document]." Add the basis for authentication: how and when you obtained the document, that it is what you say it is. ### Pro se specific notes For a self-represented litigant: - Use "Defendant, self-represented" (or "Plaintiff, self- represented") in the signature block — not "pro se" (California state-court convention) - You may sign and date the declaration; no notarization required for Code Civ. Proc., § 2015.5 declarations - Your address in the attorney/party info block and in the Proof of Service is your home or business address — you do NOT need to disclose a home address if using a mailbox or P.O. box, but you must have a reliable address for service ### Proof of Service requirement Every filed document must be served on all other parties. The Proof of Service (POS-030 Judicial Council form, or an equivalent declaration of service) is typically: - Filed as the last page of the document it accompanies, OR - Filed separately as a stand-alone Proof of Service For eFiled documents served through Odyssey or File & ServeXpress: electronic service is complete on transmission (Code Civ. Proc., § 1010.6(b)(3)); the eFiling portal generates a service confirmation that can substitute for a separate POS. Retain the confirmation for your records. ## What NOT to include in a declaration - **Legal argument**: a declaration states facts, not legal conclusions. Legal argument belongs in the Memorandum of Points and Authorities. Exception: a brief statement of the legal basis for the motion (e.g., "Plaintiff failed to respond to Special Interrogatories within the time permitted by Code Civ. Proc., § 2030.260") is acceptable in the declaration as a contextual statement. - **Hearsay (without foundation)**: if the declarant doesn't have personal knowledge, they cannot state the fact as fact. Use "I was told by [person] that..." with the appropriate hearsay exception foundation, or omit. - **Improper lay opinion**: statements like "Plaintiff is clearly lying" are argumentative; stick to observable facts.