How Would You Define A Declaration In A Family Law Case?

Declaration In Family Law

Overview:

Have you ever heard of a declaration in a family law case? If you're involved in a family law case in California, you may need to submit a declaration to the judge. But what is a declaration, and how is it used in family law cases?

Understanding Declarations

A declaration is a document that is submitted to the judge in a California court, in which the writer swears that the contents are true and correct, under penalty of perjury. Declarations can be used for different reasons, such as when the writer is unavailable to testify or to provide admissible evidence prior to a trial.

In a family law case, a declaration can be used when witnesses want to make a statement based on personal knowledge, but they cannot attend court to testify. This could be due to the circumstances of the court or the witness's inability to serve as a witness. For example, if you are in a custody dispute with the other parent, and they have stolen your bank account numbers, you could make a statement in the form of a declaration describing the circumstances of what occurred.

It's important to note that California law requires a declaration to be made under penalty of perjury and that the person making the declaration has personal knowledge of the facts. The declaration should be detailed, providing a chronological order of events to facilitate the reader's understanding of the underlying facts concerning the parties.

Guidelines For Drafting a Declaration

While there is a form that you can use, you can also do a declaration on pleading paper. The written declaration usually ends with a statement swearing that the content of the declaration is true and would be the actual testimony of the writer if given live testimony in a court hearing. The end of the Declaration will also contain language that indicates that under penalty of perjury, the writer swears to the truth of live testimony of the information presented.

It's important to follow the rules under California law when drafting a declaration. For example, the declaration must be in writing and provide the California county in which it was made. The filing date of a declaration is also important. A local court will often have a rule that addresses the filing of a declaration, and the act of doing so will put the declaration before the court.

Role of Attorneys and Admissibility of Declarations

While an attorney does not have to write the declaration, they can be helpful in ensuring that it is properly done and can help with the conclusion of the documents. An attorney can provide an example of a declaration and further assist a party in understanding the laws explaining the declaration and the penalty of a false declaration under California laws.

Once declared, the laws of the State of California allow the introduction of declarations so long as notice and service of process is given to the opposing party. A person who has declared a fact upon which they have personal knowledge is submitting documents to the court so that the court of law can take notice of the declared document.

Conclusion

In conclusion, a declaration is an important document that can be used in family law cases in California. If you need to submit a declaration, it's important to follow the rules and provide a detailed, chronological order of events to support your case. An attorney can be helpful in ensuring that the declaration is properly done and can help with the conclusion of the documents.