Court FilingsIntermediate

Declaration Drafter

When you need sworn testimony to support a motion — summary judgment, preliminary injunction, or any evidentiary submission.

LitigationFamily LawImmigration Law

A declaration or affidavit is the workhorse of evidentiary motion practice: it is how facts get into the record to support summary judgment, a preliminary injunction, or any other submission that turns on sworn proof. Good ones are built on personal knowledge, lay out one fact per numbered paragraph, properly authenticate any exhibits, and close with the right penalty-of-perjury language. Sloppy ones get paragraphs struck or invite credibility attacks at exactly the wrong moment.

Claude handles the structure of this task reliably. Given the declarant, the proceeding it supports, the court, the facts the witness can attest to, and any exhibits to authenticate, it produces a clean declaration with a personal-knowledge opening, numbered single-fact paragraphs, document foundation, and a jurisdiction-appropriate signature block. It keeps the text to declarative facts and out of argument and opinion, which is where many declarations go wrong.

The draft must be reviewed and, critically, confirmed with the declarant before signing. Every statement has to be something the witness actually knows and will swear to; the attorney cannot supply facts the declarant does not have. Verify the jurat and any notarization requirement for your court. This page is practice guidance, not legal advice, and the sworn declaration is the attorney's and declarant's responsibility.

The Prompt

Draft a declaration based on the following:

Declarant: [NAME AND TITLE/ROLE]
Purpose: [WHAT MOTION OR PROCEEDING IS THIS SUPPORTING]
Court: [COURT — determines whether "declaration" or "affidavit" format]
Key facts the declarant can attest to: [LIST EACH FACT]
Documents to authenticate: [LIST ANY EXHIBITS]

Requirements:
1. Opening paragraph with personal knowledge statement and competency
2. Background paragraph establishing the declarant's relationship to the case
3. Numbered paragraphs — one fact per paragraph
4. Each fact stated on personal knowledge, not information and belief (unless noted)
5. Foundation for any documents — how the declarant knows the document is what it purports to be
6. Proper concluding paragraph with penalty of perjury statement
7. Signature block appropriate for the jurisdiction

Use declarative sentences. Avoid conclusions, opinions, or legal arguments — state facts only.

Example Output

A 2-5 page declaration with numbered paragraphs, personal knowledge foundation, document authentication, and proper jurat.

Illustrative example — names, figures, and facts are fictional.

DECLARATION OF SUSAN OKONKWO IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION
Vertex Software, Inc. v. Larkin, No. 26-4420 (W.D. Wash.)

I, Susan Okonkwo, declare as follows:

1. I am the Director of Engineering at Vertex Software, Inc. I make this declaration in support of Plaintiff's Motion for Preliminary Injunction. The facts stated herein are within my personal knowledge, and if called as a witness I could and would testify competently to them.

2. I have been employed by Vertex since March 2019 and have supervised the development team responsible for the source code at issue since January 2022.

3. On April 2, 2026, I observed access logs showing that defendant Mark Larkin downloaded the complete "Atlas" repository to a personal device at 11:47 p.m., two days before his resignation.

4. The "Atlas" repository contains proprietary algorithms that Vertex maintains as confidential and does not disclose outside the company.

5. Attached as Exhibit A is a true and correct copy of the April 2, 2026 access log. I am familiar with this log because I administer the access-control system from which it was generated.

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Executed on June 5, 2026, at Seattle, Washington.

_____________________________
Susan Okonkwo

[NOTE: Confirm every paragraph with the declarant and verify local jurat/notarization rules before signing.]

Tips

•One fact per paragraph — it makes the declaration easier to cite and harder to strike.
•Avoid the phrase 'I believe' — declarations must be based on personal knowledge, not belief.
•Check local rules for declaration vs. affidavit requirements — some courts require notarization.

Frequently Asked Questions

When should I use this prompt?

Use it whenever a motion needs sworn factual support, such as summary judgment, a preliminary injunction, or any evidentiary submission. It also helps for declarations in family law and immigration filings. Tell Claude which court so the format and the penalty-of-perjury or jurat language match, and list the exhibits the declarant will authenticate.

Can the declaration be signed as drafted?

No. Before anyone signs, the declarant must review every paragraph and confirm each statement is true and within their personal knowledge, and you must verify the jurat and any notarization requirement for your jurisdiction. The draft organizes the facts you supply; it cannot vouch for them. The declarant swears to the contents, so accuracy is non-negotiable.

How do I get the best result?

Give a clean list of the specific facts the declarant can attest to from personal knowledge, the proceeding being supported, the court, and each exhibit needing foundation. Keep the inputs to facts, not conclusions. The more precisely you separate what the witness actually knows from argument, the more usable and strike-resistant the draft will be.

What accuracy and ethics concerns apply?

A declaration is sworn testimony, so the overriding rule is that it must contain only true statements the declarant personally knows; never let drafting convenience introduce a fact the witness cannot confirm. Avoid "information and belief" where personal knowledge is required. ABA Formal Opinion 512's supervision and confidentiality duties apply, as does your duty of candor to the tribunal.

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