Legal Definitions - declaration

A declaration is a formal, written statement made by an individual, affirming the truth of certain facts. This statement is often made under penalty of perjury, meaning that intentionally providing false information can lead to serious legal consequences, including criminal charges. Declarations are used in various legal and official contexts to present information or evidence without necessarily requiring the person to appear in court to testify in person.

Here are some examples illustrating the use of a declaration:

• Example 1: Witness Statement in an Accident Case

  Scenario: After a minor car accident, a bystander who witnessed the event writes down their account of what happened, including the color of the cars involved and the direction they were traveling. They sign this document, stating that the information is true and accurate to the best of their knowledge, under penalty of perjury.

  Explanation: This written statement is a declaration. It's a formal affirmation of facts by the witness, intended to be used as evidence in a potential insurance claim or legal dispute, without requiring the witness to immediately appear in court.

• Example 2: Application for a Professional License

  Scenario: An individual applying for a professional license from a state board is required to submit a form where they declare, under penalty of perjury, that they have never been convicted of a felony and meet all ethical requirements for the profession.

  Explanation: Here, the applicant's signed statement on the form constitutes a declaration. It's an official affirmation of specific facts (no felony conviction, meeting ethical standards) that is necessary for the application process and carries legal consequences if found to be false.

• Example 3: Financial Disclosure in Divorce Proceedings

  Scenario: During a divorce case, one spouse submits a document to the court detailing their current income, assets, and debts. This document is signed and dated, affirming the accuracy of the financial information provided, often with a statement that it is made under penalty of perjury.

  Explanation: This financial disclosure document serves as a declaration. It is a formal statement of facts (the spouse's financial situation) presented to the court to assist in the fair division of assets and determination of support, with the understanding that deliberately false information could lead to serious legal repercussions.