How to give written evidence by unsworn declaration in the United States District Courts

Giving written evidence by declaration in the United States District Courts is easy! Ever since Congress enacted 28 USC § 1746 in 1976, people have been able to give written evidence in these courts by declaration instead of by affidavits.

The declaration process is quicker than swearing an affidavit because no notary public or other witness is required when the document is finalised. For this reason, declarations have become more common than affidavits as a way of giving evidence. This page will help you understand and prepare an unsworn declaration. A blank declaration form in Word format for free download is at the bottom of the page.

Declarations v affidavits

AD: Need to transfer money or property owed by you to another person? Click here to use this form to easily transfer your property.

Provided your unsworn declaration is in the correct form, it will be of the same effect as an affidavit. The important features of an unsworn declaration are that it:

does not have to be made before a notary or any other witness;
must contain the declaration as to the matters in it being true and correct under penalty of perjury, as found in the form; and
must be signed and dated by the person making the unsworn declaration.

Our free declaration forms are linked at the bottom of this page and will help you make your declaration correctly.

Contents of your declaration

In your unsworn declaration you should:

State the facts of which you have personal knowledge;
Attach any relevant documents;
Set out the facts in short, numbered paragraphs (usually of no more than 2-3 sentences); and
Follow a logical order (almost always this is chronological).

Free blank declaration forms for the United States District Courts

You can download our awesome free blank declaration forms in Word format for use in the United States District Courts below. Some of the great features of our forms include:

a clean, modern font that’s appropriately formal but also easy-to-read;
a properly laid-out document with neat margins and page-numbering;
detailed notes to help you complete the form correctly; and
bespoke auto-numbering for paragraphs that works first time and looks great.

There are two different blank declaration forms forms for downloand, and your choice of form will depend on whether your unsworn declaration is to be made inside or outside the USA (this is a requirement of 28 USC § 1746). Please carefully choose the correct form from our downloads here:

Blank unsworn declaration form for United States District Courts – declaration executed within the United States, its territories, possessions, or commonwealths

Blank unsworn declaration form for United States District Courts – declaration executed outside the United States, its territories, possessions, or commonwealths