A declaration under penalty of perjury is a signed written statement that the signer declares to be true under legal penalty for false statements.
Declarations are often used when a court or agency needs factual information in written form. They can substitute for notarized affidavits in some settings, depending on the governing rule.
Why a declaration under penalty of perjury matters
The penalty-of-perjury language gives the statement legal seriousness. It tells the court that the signer is not merely offering an informal note or unsworn narrative. The signer is representing that the facts are true, and false statements may have legal consequences.
Declarations can support motions, explain service, authenticate records, describe events, or provide evidence for procedural requests. They are common because they are faster and simpler than live testimony for many routine matters.
Where it appears
Declarations appear in motion practice, summary judgment records, administrative proceedings, proof-of-service filings, emergency requests, evidence submissions, and factual statements attached to court filings. Courts may require specific wording, dates, signatures, and identification of the declarant.
How it differs from nearby terms
A declaration is different from live testimony, which is given orally in a hearing, deposition, or trial. It is also different from a general letter because it uses formal language connecting the statement to penalties for false statements.
Declarations can contain documentary evidence or attach records, but the declaration itself is usually the signer’s written factual statement.
Practical example
A plaintiff filing a motion may attach a declaration stating, under penalty of perjury, that a contract copy is true and correct and describing when the defendant received notice. The judge can consider the declaration if the procedural and evidence rules allow it.
Related terms
Quick check
Look for the signature, date, factual statements, and penalty-of-perjury language. Those features distinguish a formal declaration from an ordinary written explanation.