Declarations and Affidavits

An affidavit is a statement made under oath for which a notary has verified the identity of the declarant.

Californian law, under Code of Civil Procedure section 2015.5, allows a sworn declaration to be used instead of an affidavit. CCP2015.5 requires for a declaration executed inside California to state, "I certify (or declare) under penalty of perjury that the foregoing is true and correct." A declaration executed inside or outside California can state, "I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct."

Many attorneys make declarations on behalf of their clients, swearing to statements of clients based on "information and belief." Such statements are hearsay and are not admissible to prove the facts based on information or belief, whether it be a declaration (Brown v. Superior Court (1987) 189 Cal.App.3d 260, 265) or an affidavit (Star Motors, Inc. v. Superior Court (1979) 88 Cal.App.3d 201, 204).

Optional Judicial Council for making declarations are the MC-30 (used when filed by itself) or the MC-31 (used when attached to other papers).