MOGREN, GLESSNER & ROTI, P.S.

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Client's Guide to Effective Court Declarations

Whether you are representing yourself in a family law matter, or whether you are represented by an attorney, the time will probably come when you will need to collect statements from witnesses on your behalf to be filed in court. Usually, these statements, either declarations under penalty of perjury or notarized affidavits (they have equivalent legal effect) are filed in support of a motion that you will make to obtain some sort of temporary order in your case, whether it is a dissolution or a modification, a parentage action or a legal separation.

Therefore, it is pretty likely that you will be out there asking your friends to make statements on your behalf. When you do so, there are two main concepts you need to keep in mind: what are the formal requirements that must be satisfied to make a declaration under penalty of perjury acceptable to the court, and what makes a declaration effective?

Formal Requirements for a Valid Declaration

• The person writing the declaration (the "declarant") must be over eighteen. Do not ask the minor children involved in family law cases to write declarations!

• The statement must be neatly printed or typed. The commissioners will not read illegible handwriting. If possible, a typed transcript of a handwritten declaration should be prepared.

• The statement must contain the case name and case number (a "caption") at the top of the first page.

• At the end of the declaration, the following language must appear: "I declare under penalty of perjury of the laws of the state of Washington that the foregoing is true and correct."

• In addition, the declarant must indicate the date that the statement was signed, as well as the city and state where the declaration was signed.

• The declarant must sign the statement.

The family law mandatory forms prepared by the Office of the Administrator for the Courts in Washington state contain a blank declaration form that, while it is not mandatory for use in family law cases, makes it easy to satisfy all the formal requirements. The form number is WPF DR 09.0100.

Substantive Suggestions for an Effective Declaration

• State your relationship to the parties.

• Get to the point.

• Don't repeat the same material over and over again.

• Put headings on the declaration's main ideas.

• Avoid rambling sentences and collateral issues that are not central to the arguments in the case.

• Be concise.

• Construct declarations so that the important facts immediately leap out.

• Make sure that the declarant is describing matters which are of his or her direct personal knowledge or observation.

• Statements made by the other side that are not denied, are assumed to be true.

• Use paragraph headings to identify topics being discussed.

The free information contained in these pages is not intended to be legal advice, and does not create an attorney-client relationship. You should always consult with an attorney before taking any action. Feel free to contact an attorney at MOGREN, GLESSNER & ROTI, P.S. at 425-255-4542 to schedule an appointment and discuss these issues with you.

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  MOGREN, GLESSNER & ROTI, Renton, Washington, 98057  Phone: (425) 255-4542

Our law firm consists of four lawyers practicing in our Renton, King County, WA law office (easily accessible to the greater Seattle area), so you can find an attorney / lawyer who is a good fit for you.  Our experienced trial lawyers are knowledgeable and aggressive in protecting your legal rights under the Washington state marriage and divorce laws. We use our knowledge and experience to obtain the best help and results for our clients. Our emphasis is in Washington family law, divorce (contested and uncontested), simple wills and estate planning documents, probate, and personal injury.  Please click on the Helpful Legal Information button for free information and details about these areas of practice in the state of Washington, including divorce, family law, legal separation, property division, child support, spousal maintenance, parenting plan, custody, visitation, custody relocation, child support modification, custody modification, maintenance modification, parenting plan modification, contempt, third party custody, restraining order, domestic  violence, Social Security Benefits, paternity, adoption, wills, Washington Community Property Agreement, Durable Power of Attorney, living will, probate and personal injury legal rights.

Our law firm is conveniently located in Renton, King County, WA, just off the freeway at the intersection of I-405 and I-167, easily accessible from Seattle and Bellevue Washington. Our four family law and divorce attorneys represent clients in the greater Seattle area and throughout the State of Washington, including the communities of Renton, Kent, Tukwila, Seattle, Bellevue, Mercer Island, Issaquah, Fairwood, Cascade, Newcastle, Normandy Park, Auburn, Maple Valley, Black Diamond, Skyway, Federal Way, Des Moines, Kent Meridian, Lake Youngs, Burien, SeaTac, Factoria, Covington, Fox Island, Gig Harbor, North Bend, Snoqualmie, Seahurst, Redondo, Enumclaw and most of south King County. Call 425-255-4542 for a free telephone consultation with an experienced family law and divorce attorney / lawyer. Our attorneys represent both men and women in divorce and the drafting of simple wills, and are members of the Christian Legal Society. Our lawyers offer affordable rates (reasonably priced) for uncontested divorce.

The free information and help contained in these pages is not intended to be legal advice, and does not create an attorney-client relationship. You should always consult with a lawyer before taking any legal action. Feel free to call us at 425-255-4542 for a free telephone consultation with a family law lawyer for help regarding your marriage, divorce (contested or uncontested), custody, complex property division, child support and maintenance, adoption, will, estate plan or probate. We offer inexpensive (cheap) discount package deals and for our wills, simple will and estate planning documents. We offer a Christian perspective in our practice, yet are aggressive in protecting your rights.  Our attorneys are licensed to practice only in the State of Washington, and are easily accessible to the greater Seattle area.

Serving both male and female clients in the Seattle, King County, WA area, including the communities of Kent, Renton, Tukwila, Southcenter, Seattle, Auburn, Bellevue, Mercer Island, Federal Way, Maple Valley, Des Moines, SeaTac, Burien, Fairwood, Cascade, Covington, Newcastle, Normandy Park, Factoria, Black Diamond, Algona, Covington, Fall City, Hobart, Medina, North Bend, Pacific, Buckley, Highline, Wilkeson, Newport Hills, Clyde Hill, Coal Creek, Fox Island, Gig Harbor, White Center, Boulevard Park, Rainier Beach, Rainier Valley, Redondo, Covington, Kent Kangley, Cougar Mountain, Preston, Ravensdale, Kanaskat, Palmer, Cumberland, Redondo, Midway, Georgetown, Riverton Heights, McMicken Heights, Kennydale, Medina, Overlake, Boeing, Microsoft, Paccar, Kenworth, East Renton Highlands, Preston, Kent East Hill, Lake Meridian, Green River, Star Lake, Lake Sawyer, Duwamish, Seward Park, Columbia City, Georgetown, Holly Park, Sodo, Sammamish, Seahurst, Snoqualmie, Soos Creek, Emerald Downs, Muckleshoot, Twin Lakes, Skyway, Bellevue, Enumclaw and most of south King County, WA. This includes zip codes of 98055, 98056, 98058, 98059, 98030, 98031, 98032 98042, 98038, 98040, 98045, 98168, and 98188, and area codes of 206, 253, and 425, .  We represent clients from Boeing, Microsoft, Starbucks, Costco, Weyerhaeuser, Valley Medical Center, various hospitals and insurance companies, T-Mobile, and many other employers.  We serve clients of all nationalities and ethnicities, including African American, Native American, Asian, Latino, Caucasian, black, Indian, Korean, Japanese, Russian, Ethiopian, Italian, Vietnamese, Pacific Islander, Philippine, Irish, English, French, German, and Chinese.  We receive clients of all faiths and religions, including Christian, Islam, Hindu, Buddhist, Muslim, Judaism, Baha'i, New Age, Scientology, Mormon, LDS Catholic, Protestant, Presbyterian, Baptist, Methodist, Pentecostal, Charismatic, Foursquare, Evangelical, Assembly of God, Jehovah Witness, Episcopal, Foursquare, Lutheran, Bible, Pentecostal, Orthodox, Adventist, Unitarian, atheist, secularist, and agnostic. We also represent clients who are members of labor unions (Teamsters, AFL-CIO, Teachers Union, NEA), unemployed or stay-at-home parents, members of service organizations (Kiwanis, Lions, Masons, Rotary, Shriners, etc), Democrat and Republican, veterans and military personnel.  Please call to talk to an affordable (inexpensive) Washington state family law attorney / lawyer for help about your divorce (contested or uncontested), complex property division, simple wills, probate or other legal issue.

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