in-draft-declaration

Draft an Indiana Declaration (or Affidavit)

A declaration is a sworn written statement that supports a motion or other filing by providing the factual predicate the movant relies on. Indiana practice uses both declaration (the short form, signed under penalties for perjury per T.R. 11(B)) and affidavit (the longer form, traditionally notarized). Both serve the same purpose; declarations are now standard practice because notarization is no longer required by rule for most submissions.

NOT LEGAL ADVICE. Generated content is a drafting aid; false statements in a declaration are perjury under IC 35-44.1-2-1 — Class D felony. Verify every factual statement before signing.

Verification language — Trial Rule 11(B) and IC 35-44.1-2-1

Indiana's statutory verification language differs from California and other jurisdictions. Do not import non-conforming language. The required formula:

"I affirm, under the penalties for perjury, that the foregoing representations are true."

This phrase derives from IC 35-44.1-2-1(b) (the Indiana perjury statute) and is the Indiana counterpart to a notarized oath under T.R. 11(B) and IC 34-37-2-2. The phrase MUST appear verbatim — Indiana courts have rejected variations like "I declare ..." or "under penalty of perjury under the laws of the State of Indiana ..."

If notarization is required (some statutes still require it — e.g., the Affidavit of Indigency under IC 33-37-3-2 must be sworn before a notary), use the traditional affidavit form:

STATE OF INDIANA   )
                   ) SS:
COUNTY OF [____]   )

I, [NAME], being first duly sworn upon my oath, depose and
state:
   ...
                              _______________________________
                              [NAME]

SUBSCRIBED AND SWORN TO before me, a notary public, this ____
day of _________, 20__.

                              _______________________________
                              Notary Public
                              [County, IN]
                              My commission expires: __________

Personal knowledge — Indiana Evidence Rule 602

IRE 602 requires a witness to have personal knowledge of the matter testified to. A declaration that contains hearsay, speculation, or argumentation does not satisfy the foundation — the court will disregard inadmissible portions on summary judgment.

Best practices:

• Open the declaration with: "I have personal knowledge of the matters stated herein and, if called as a witness, could and would testify competently thereto."
• Avoid argumentation — declarations state FACTS, not legal conclusions
• Avoid "I believe" or "it is my understanding" — use "I observed" / "I received" / "I sent" instead
• Attach exhibits with foundation (e.g., "Attached as Exhibit A is a true and accurate copy of [the contract / the letter / the statement]")

Scaffolded declaration

                     STATE OF INDIANA
                  IN THE [COURT NAME] COURT
              [COUNTY NAME] COUNTY, INDIANA

[PLAINTIFF NAME],                   )
                                    )
            Plaintiff,              )    Cause No. [###]
                                    )
        v.                          )
                                    )
[DEFENDANT NAME],                   )
                                    )
            Defendant.              )

   DECLARATION OF [SIGNER NAME] IN SUPPORT OF DEFENDANT'S
              MOTION TO [RELIEF]

   I, [SIGNER NAME], state the following:

   1. I am the [Defendant / Plaintiff / declarant role] in the
above-captioned action. I have personal knowledge of the matters
stated herein and, if called as a witness, could and would
testify competently thereto.

   2. [First fact, narrated in the first person.]

   3. [Second fact.]

   4. Attached as Exhibit A is a true and accurate copy of [the
document]. I [authored / received / am familiar with] the
document and its contents.

   5. [Continue with numbered factual paragraphs.]

I affirm, under the penalties for perjury, that the foregoing
representations are true.


Date: _______________      _______________________________
                              [SIGNER NAME]
                              [Street Address]
                              [City, IN ZIP]
                              Telephone: (___) ___-____
                              Email: ________________________

Exhibits

Declarations are the standard vehicle for getting exhibits into the record. Foundation for each exhibit:

Document type	Foundation language
Contract / agreement	"Attached as Exhibit A is a true and accurate copy of [the contract] between [parties], dated [date]. I [signed / received / have personal knowledge of the execution of] this contract."
Letter	"Attached as Exhibit B is a true and accurate copy of a letter I received from [sender] on or about [date]."
Email	"Attached as Exhibit C is a true and accurate copy of an email I received from [sender] on [date] at [time]."
Bank statement	"Attached as Exhibit D is a true and accurate copy of my [bank] account statement for [period]."
Payment record	"Attached as Exhibit E is a true and accurate copy of my payment record showing payments made to Plaintiff between [start] and [end]."
Photograph	"Attached as Exhibit F is a true and accurate copy of a photograph I took on [date] depicting [subject]."
Business record (when filed by custodian)	"Attached as Exhibit G is a true and accurate copy of [record]. The record was made at or near the time of the events described, by a person with knowledge, in the course of [organization]'s regularly conducted business activity, and it was the regular practice of [organization] to make such records (IRE 803(6))."

Use lettered exhibits (A, B, C ...) — Indiana convention is lettered, not numbered.

Witness vs. party declarations

• Party declarations: signed by the party (plaintiff, defendant). The party has personal knowledge of their own conduct, communications they received, and documents they signed.
• Witness declarations: signed by a third party (e.g., a manager who was present at the meeting). Must affirmatively state how the witness has personal knowledge.
• Expert declarations: subject to IRE 702-705; require a statement of qualifications, a summary of opinions, and the basis for each opinion.

When a declaration is required

Indiana practice requires a supporting declaration whenever a motion relies on facts not apparent from the pleadings:

Motion	Declaration required?
T.R. 12(B)(6) Motion to Dismiss	NO — confined to the Complaint
T.R. 12(B)(2) Lack of Personal Jurisdiction	YES — facts about contacts
T.R. 12(B)(4)/(5) Insufficient Process / Service	YES — facts about service defect
T.R. 56 Motion for Summary Judgment	YES — Statement of Material Facts must cite admissible evidence
T.R. 60(B)(1) Motion to Vacate Default	YES — facts showing excusable neglect + meritorious defense
T.R. 65 Preliminary Injunction	YES — facts showing irreparable harm
Motion to Compel Discovery	YES (for meet-and-confer certificate)
Motion to Continue under T.R. 53.5	OPTIONAL — required when facts outside the record are relied on

Composition

• in-statewide-format for T.R. 5(E) format + T.R. 10 caption
• in-marion / in-lake / in-county-courts for venue
• in-pro-se for self-represented signature block
• in-draft-motion for the motion the declaration supports
• in-fact-check to verify every factual statement before signing (perjury risk under IC 35-44.1-2-1)

References

• references/declaration-template.md — full scaffolded declaration
• references/affidavit-template.md — notarized-form affidavit template
• references/exhibit-foundation.md — foundation language by document type
• references/perjury-statute.md — IC 35-44.1-2-1 text

NOT LEGAL ADVICE. Generated content is a drafting aid; verify against current rules and case law before filing.