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Like affidavits, declarations are commonly used by litigants to submit factual evidence, such as witness statements or documentary evidence. Unlike affidavits, however, declarations are not formally sworn before a notary public or other officer authorized to administer oaths.
No written statement in any proceeding in this court required to be verified by affidavit shall be required to be verified by oath or affirmation if it contains or is verified by a written declaration that it is made under the penalties of perjury.
Affidavits are written documents attached to an affirmation, such as a notary public oath, which states that the statements in the document are true. Declarations are written documents the writer believes are true, but the statements contained in the declaration are made without the writer being sworn in.
What to Include in an Affidavit The name, address, and occupation of the affiant. A statement of facts that the affiant swears are true, to the best of their knowledge. The date and location of the affidavit. The signature of the affiant. The signature of the notary public witnessing the affidavit.
Answer: Yes, in addition to being correctly signed and witnessed, an affidavit must be notarized in order to be legally binding.
A motion for summary judgment must be accompanied by a statement of the material facts as to which the moving party contends there is no genuine issue to be tried, set forth in consecutively numbered paragraphs, with page or paragraph references to supporting pleadings, depositions, answers to interrogatories, ...