A California court declaration is a written statement of facts, signed under penalty of perjury, that stands in for live testimony in almost any state court proceeding. Code of Civil Procedure section 2015.5 lets you use one instead of a notarized affidavit, so you can sign it anywhere and still have the court treat it as sworn evidence.1California Legislative Information. California Code of Civil Procedure 2015.5 Declarations carry motions, Requests for Order in family law, probate petitions, and most other written applications that ask a judge to decide something without first calling witnesses. Get the format, content, and signature language right and the judge reads your facts. Get them wrong and the declaration can be struck.
Who Can Sign a Declaration
Anyone with firsthand knowledge of relevant facts can sign one. You don’t have to be a party. A neighbor who witnessed an incident, an accountant who reviewed the books, a treating doctor, or a party’s own attorney authenticating documents can each submit a separate declaration describing what they personally know.
Personal knowledge is the one rule that applies to every declarant. You write what you saw, did, heard, or know directly. Speculation and secondhand information don’t belong in the document, and if you include them the court can disregard them as hearsay.
Formatting Rules the Court Enforces
The California Rules of Court set the physical specifications, and clerks and judges reject papers that don’t match them.
- Paper: 8½ by 11 inches, white, opaque, unglazed.
- Font size: 12 points or larger under Rule 2.104.2Judicial Branch of California. California Rules of Court Rule 2.104 – Font Size; Printing
- Spacing: one-and-a-half or double-spaced text, with line numbers running down the left margin, restarting at 1 on each page, at least three per vertical inch.3Judicial Branch of California. California Rules of Court Rule 2.108 – Spacing and Numbering of Lines
- First page: a pleading-paper caption with your name and contact information on the left, court name and address centered, and case name and number on the right, as required by Rule 2.111.4Judicial Branch of California. California Rules of Court Rule 2.111 – Format of First Page
If you’d rather not build a pleading-paper layout from scratch, the Judicial Council publishes form MC-030, a fill-in-the-blank declaration template.5California Courts. MC-030 Declaration It works well for short declarations. Anything longer than a page or two is easier on pleading paper, where you aren’t boxed in by the form’s limited space.
Writing the Content
Write in the first person. Every sentence should rest on something you actually know. “I was present at the meeting on March 4” works. “The defendant probably lied at the meeting” does not, because it mixes opinion with guesswork. The declarations that persuade judges are specific and factual rather than argumentative.
Use numbered paragraphs so the judge and opposing counsel can point to a specific statement by number. Chronological order is the default, but grouping facts by topic can be clearer when the declaration covers several subjects. A workable structure:
- Paragraph 1: who you are and your connection to the case.
- Next few paragraphs: background facts the court needs to understand the situation.
- Remaining paragraphs: the key facts in logical order, one main point per paragraph.
Keep legal argument out. Arguments about what the law means go in the accompanying Memorandum of Points and Authorities. The declaration tells the court what happened.
The Signature Block: Inside vs. Outside California
Section 2015.5 requires different closing language depending on where you sign, and this is where people slip up most often. Using the wrong version gives the other side an opening to challenge your declaration.
Signed inside California, with the date, the place of execution, and your signature:
“I certify (or declare) under penalty of perjury that the foregoing is true and correct.”1California Legislative Information. California Code of Civil Procedure 2015.5
Signed anywhere outside California, with the date of execution:
“I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”1California Legislative Information. California Code of Civil Procedure 2015.5
The “under the laws of the State of California” phrase is what makes an out-of-state declaration enforceable here. Without it, the declaration may not carry the same legal force. If you’re uncertain where someone will sign, the out-of-state version is the safer default, since it works in both places.
Attaching Exhibits
If your declaration references a contract, email, photograph, financial record, or any other document, attach it as an exhibit. Rule 3.1110(f) sets the format:6Judicial Branch of California. California Rules of Court Rule 3.1110 – General Format
- Include an exhibit index that briefly describes each exhibit and identifies it by number or letter along with the page number.
- For paper filings, separate each exhibit with a hard 8½-by-11-inch sheet with a labeled tab extending below the bottom of the page.
- For electronic filings, each exhibit must have an electronic bookmark linking to its first page, titled to identify the exhibit and briefly describe it.
- Paper filings must be bound at the top so every page can be turned and read.
Introduce each exhibit in the body of the declaration before you discuss it: “Attached as Exhibit A is a true and correct copy of the email I received on January 15, 2026.” That sentence tells the judge what the document is and authenticates it through your personal knowledge. Without that foundation, the court may refuse to consider the exhibit.
Filing and Service Deadlines
Timing is where self-represented filers lose motions. Under Code of Civil Procedure section 1005(b), moving papers and their supporting declarations must be served and filed at least 16 court days before the hearing. Court days exclude weekends and court holidays, so count carefully. Add five calendar days if you serve by mail within California, and ten calendar days if you mail to an address outside California but within the United States.7California Legislative Information. California Code of Civil Procedure 1005
Opposition papers, including any opposing declarations, are due at least nine court days before the hearing. Reply papers are due five court days before. Miss any of these and the court can refuse to consider your filing, which often means losing the motion by default. The moment a hearing date lands, count backward and put every deadline on a calendar.
How to File and Serve the Declaration
Prepare enough copies for the court, your own records, and each opposing party or attorney. Many California superior courts now require electronic filing for civil matters, and the specifics vary by county, so check the local rules before you print.6Judicial Branch of California. California Rules of Court Rule 3.1110 – General Format
Once filed, you have to serve a copy on every other party. Someone at least 18 and not a party to the case handles the delivery, either by mail or in person. That person then fills out a Proof of Service form, such as form POS-030 for service by first-class mail, documenting who was served, when, where, and how.8California Courts Self-Help. Proof of Service by First-Class Mail – Civil (POS-030) File the completed Proof of Service with the court. Without it, the judge has no record that the other side ever received your papers and may continue the hearing or decline to rule.
Fixing a Declaration After You’ve Filed It
If you spot an error after filing, or new facts emerge, file a supplemental declaration. California has no formal amendment process for declarations the way it does for pleadings. Instead, prepare a new declaration that identifies the original, states what you’re correcting or adding, and presents the updated facts. Title it “Supplemental Declaration of [Your Name]” and file and serve it the same way as the first one.
Deadlines still apply. A supplemental declaration in support of a motion has to reach the court and the other party within the section 1005 window. A correction filed the day before the hearing may not be considered, or it may prompt the judge to continue the hearing so the other side can respond. Careful review before the first filing is the cleaner approach.
Lying in a Declaration
Because a declaration carries the same force as sworn testimony, false statements in one are perjury. Penal Code section 118 makes it a crime to willfully state something you know to be false in a document signed under penalty of perjury, whether you signed it inside or outside California.9California Legislative Information. California Penal Code 118
Perjury is a felony in California, punishable by up to four years in state prison. On top of the criminal exposure, a court that finds false statements in a declaration can strike the document, impose monetary sanctions, or rule against the party who filed it. Include only facts you know to be true. If you’re not sure about something, say so or leave it out.