Also known as:oath/declaration · inventor's oath or declaration · inventor's oath · declaration
Written by attorneys · grounded in primary & secondary sources — see below
A formal statement attesting to facts or matters, made under oath before an authorized person or as an unsworn written declaration subscribed under penalty of perjury.
Sources & Authorities· 28 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Summary Judgment Declaration
Orson Ochoa submits a declaration in support of Omega Energy's summary judgment motion. The declaration states facts about contract performance drawn from his direct supervision of the project. The court accepts the declaration because it rests on personal knowledge and sets out admissible facts showing Ochoa is competent to testify.
Will Contest Burden
Olga O'Neill petitions to establish intestacy after her father's death. She files a declaration detailing the absence of any will and the identities of heirs. The court requires her to establish prima facie proof of death, venue, and heirship through the declaration before shifting any burden to will proponents.
Trust Creation Declaration
Put it into practice
Test Yourself
10
Practice Questions5
Federal Rules
Uniform Acts
Model Codes
Restatements
Hornbooks
Oscar Ortiz executes a signed writing declaring that he holds specific farmland as trustee for his children. The declaration identifies the property with particularity and states his intent to hold it in trust. The writing satisfies the requirement for creating a trust by declaration of the owner.
Penalty Declaration Filing
Owen Oakes submits an unsworn declaration under penalty of perjury to authenticate business records. The declaration recites his personal knowledge of the record-keeping practices. The court treats the declaration as having the same force as a sworn affidavit.
Self-Inculpatory Declaration
Orion Orlov submits a written declaration admitting his role in a theft while naming an accomplice. Only the genuinely self-inculpatory portions are admissible. The court excludes the parts that merely incriminate the other person.
Dissolution Declaration
Odette Orozco files a petition containing a declaration of marital facts to dissolve her marriage to Oskar Ocampo. The declaration is subscribed under penalty of perjury. The court accepts the filing because the declaration meets the statutory form requirements.
Common questions
Frequently Asked
3
What requirements must an affidavit or declaration satisfy to support a summary judgment motion?+
The declaration must be made on personal knowledge, set out facts admissible in evidence, and show the declarant is competent to testify. A party may object if the material cannot be presented in admissible form.
Supporting sources
Who bears the burden of proof when a will is contested under the Uniform Probate Code?+
Proponents must establish prima facie proof of due execution. Contestants must establish lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation.
Supporting sources
How is a trust created by declaration under the Uniform Trust Code?+
The owner of identifiable property declares in a signed writing that the owner holds the property as trustee. No transfer to another person is required.
Supporting sources
EvidencePresentation of evidence · Objections and offers of proofNEXTGENFoundational