Also known as: declarations
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A written statement made under penalty of perjury that sets forth facts within the declarant's personal knowledge. The statement must demonstrate the declarant's competence to testify on the matters asserted. Courts accept such statements in place of affidavits when offered to support or oppose motions.
A written statement made under penalty of perjury that sets forth facts within the declarant's personal knowledge. The statement must demonstrate the declarant's competence to testify on the matters asserted. Courts accept such statements in place of affidavits when offered to support or oppose motions.
Select any source to read its text and confirm it supports the definition.
A method of trust creation in which the owner of identifiable property states that the owner holds the property as trustee. The declaration must identify the property with sufficient certainty. No transfer to a separate trustee is required.
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An out-of-court statement offered for its truth that may contain discrete self-inculpatory remarks. Only those portions genuinely against the declarant's interest qualify for the hearsay exception. Non-inculpatory segments remain inadmissible under that exception even if embedded in the larger statement.
Select any source to read its text and confirm it supports the definition.
A method of trust creation in which the owner of identifiable property states that the owner holds the property as trustee. The declaration must identify the property with sufficient certainty. No transfer to a separate trustee is required.
An out-of-court statement offered for its truth that may contain discrete self-inculpatory remarks. Only those portions genuinely against the declarant's interest qualify for the hearsay exception. Non-inculpatory segments remain inadmissible under that exception even if embedded in the larger statement.
Each sense below has its own examples, sources, and questions.
Diana Delgado sued Dawson Steel after a workplace injury. Dawson moved for summary judgment and supported the motion with deposition excerpts showing Delgado knew of the hazard. Delgado responded with her own declaration stating she had never seen the hazard warning sign before the accident and attaching photographs she took the day after. The court considered the declaration because it rested on personal knowledge and set out admissible facts.
Doris Duffy opposed summary judgment by filing a declaration explaining that key documents remained in the opposing party's exclusive control. The declaration identified the specific documents and the reasons they could not yet be obtained. The court granted additional time for discovery rather than ruling on the motion.
Demetrius Douglas submitted a declaration in support of a summary judgment motion that contained facts he knew to be false. The opposing party moved for sanctions. The court ordered Douglas to pay the reasonable expenses caused by the false declaration after finding it was submitted in bad faith.
The declaration must be made on personal knowledge, set out facts admissible in evidence, and show that the declarant is competent to testify. It may cite to particular parts of the record materials listed in the rule.
Supporting sources
A court may impose sanctions if the declaration is submitted in bad faith or solely for delay. The sanction may include payment of the opposing party's reasonable expenses and attorney's fees.
Supporting sources
No. The declaration need only be made in a record under penalty of perjury and contain the four statutory elements concerning loss of possession.
Supporting sources
Dorothy Daniels owned a portfolio of publicly traded securities. She executed a signed writing stating that she held those specific shares as trustee for the benefit of her grandchildren. No deed or assignment to another person was recorded. The writing satisfied the requirements for creating a valid trust over the identified property.
Daphne Doyle executed a new will that revoked her earlier will. She later tore up the new will in the presence of witnesses and stated she wanted the first will to control her estate. The circumstances and her statements revived the earlier will under the applicable probate statute.
The owner simply states in a signed writing that identifiable property is held as trustee. The declaration itself supplies the necessary intent and identification of the res.
Supporting sources
Diego Duarte was charged with conspiracy after a recorded conversation in which he admitted selling drugs and named an associate. The prosecution offered the entire transcript. The court admitted only the portions in which Duarte implicated himself and excluded the segments that merely incriminated the associate.
…For this reason, among others, many persons did not deem homosexuals to have dignity in their own distinct identity. A truthful declaration by same-sex couples of what was in their hearts had to remain unspoken. Even when a greater awareness of the humanity and integrity of homosexual persons came in the period after World War…