| name | ga-draft-declaration |
| description | This skill should be used to scaffold a Georgia affidavit or declaration. Triggers include "draft a Georgia affidavit", "sworn declaration Georgia", "draft a supporting affidavit Georgia", "notarized affidavit for a Georgia motion", "affidavit in support of summary judgment Georgia", "unsworn declaration Georgia". Produces a sworn affidavit (the Georgia default for evidentiary use) or an unsworn declaration where permitted, with a proper personal-knowledge foundation, numbered paragraphs, exhibit references, and the correct jurat or verification language.
|
| version | 0.1.0 |
Draft a Georgia Affidavit / Declaration
NOT LEGAL ADVICE. This skill scaffolds a court document
as a drafting aid. The user — not the skill — is the
declarant, chooses what facts to swear to, and signs the
declaration. Verify every rule, deadline, and citation
against current law before filing. Pair with substantive
review by counsel where stakes warrant.
Use this skill in addition to ga-statewide-format when a filing
requires sworn factual support. Georgia practice favors a sworn,
notarized affidavit for evidentiary use (e.g., affidavits supporting
or opposing summary judgment under O.C.G.A. § 9-11-56(e), which must be
made on personal knowledge and set out facts admissible in evidence).
An unsworn declaration is available in the limited contexts
permitted by the O.C.G.A. § 9-10-111 / § 24-1-2 framework, and a
federal-style unsworn declaration under 28 U.S.C. § 1746 is used
in federal filings.
Affidavit vs. declaration — which to use
| Affidavit | Unsworn declaration |
|---|
| Notarization | Required — "personally appeared … being duly sworn" | None |
| Authority | Sworn before a notary or officer authorized to administer oaths | O.C.G.A. § 9-10-111 / § 24-1-2 framework (state); 28 U.S.C. § 1746 (federal) |
| Closing | Jurat: "Sworn to and subscribed before me this ___ day of _, 20." | "I declare under penalty of perjury that the foregoing is true and correct." |
| When to use | Default for Georgia evidentiary use — summary-judgment affidavits, default-judgment proof, most motion support | Where a rule permits an unsworn statement, or in federal court under § 1746 |
For most Georgia state-court evidentiary purposes, use a notarized
affidavit. Confirm the specific rule before substituting an unsworn
declaration.
Required components
- Caption identical to the motion / pleading (O.C.G.A. § 9-11-10(a))
- Document title: e.g.,
AFFIDAVIT OF JANE DOE IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
- Opening recital: identify the affiant and the basis for
personal knowledge
- Numbered paragraphs of factual content (O.C.G.A. § 9-11-10(b))
- Exhibit references as needed
- Closing: jurat (affidavit) or penalty-of-perjury verification
(declaration)
- Signature of the affiant/declarant; notary block for an affidavit
Standard affidavit scaffold
[Caption — see ga-statewide-format]
AFFIDAVIT OF JANE DOE IN SUPPORT OF DEFENDANT'S MOTION FOR
SUMMARY JUDGMENT
STATE OF GEORGIA
COUNTY OF __________
PERSONALLY APPEARED before the undersigned officer duly authorized to
administer oaths, Jane Doe, who, being first duly sworn, deposes and
states as follows:
1. I am the Defendant in the above-styled action and am over 18 years
of age. I make this Affidavit upon my personal knowledge of the
facts stated herein, and I am competent to testify to them.
2. On [date], Plaintiff served upon me a set of [DOCUMENT TYPE], a
true and correct copy of which is attached hereto as Exhibit "A".
3. On [date], I [describe the event within personal knowledge]. A
true and correct copy of [the document] is attached as Exhibit "B".
[...]
FURTHER AFFIANT SAYETH NAUGHT.
_____________________________
Jane Doe, Affiant
Sworn to and subscribed before me
this ___ day of __________, 20__.
_____________________________
Notary Public
My commission expires: __________
[Notary Seal]
EXHIBIT LIST
Exhibit "A": [Description]
Exhibit "B": [Description]
Unsworn declaration variant
When an unsworn declaration is permitted (or in federal court under
28 U.S.C. § 1746), replace the jurat with:
I declare under penalty of perjury that the foregoing is true and
correct.
Executed on [date].
_____________________________
Jane Doe
Personal-knowledge foundation
Every paragraph must rest on personal knowledge; affidavits offered
on summary judgment must so state and set out facts admissible in
evidence (O.C.G.A. § 9-11-56(e)). Common foundation phrases:
- "I am the [role] in this matter and personally [participated in /
witnessed / received] the events described."
- "I have personal knowledge of the matters stated herein and am
competent to testify to them."
- "I reviewed the [document type] in the regular course of [my
business / my personal records] and am familiar with its contents."
When a fact rests on information and belief, say so and give the
basis:
"Upon information and belief, [fact]. The basis for this belief is
[my review of the account statement attached as Exhibit "C"]."
Sworn vs. argued — the cardinal rule
The affidavit's job is to state facts; the motion's job is to
argue law. Resist the urge to argue in an affidavit. For each
factual paragraph, the motion or brief should cite it as record
support: (Doe Aff. ¶ 4). Run ga-fact-check to audit
sworn-vs-argued alignment before filing.
Exhibits
Reference each exhibit in the relevant paragraph and attach exhibits in
order at the back. Each exhibit needs a cover page labeling it
(EXHIBIT "A" centered and bold) and a one-line caption describing it.
Pagination of the affidavit continues through the exhibits; see
ga-statewide-format for exhibit-handling rules.
Composition
- For format:
ga-statewide-format
- For the supported motion:
ga-draft-motion
- For the proposed order:
ga-draft-order
- For the venue overlay:
ga-fulton, ga-cobb, ga-gwinnett,
ga-state-court, ga-magistrate, ga-county-courts
- For subject matter:
ga-consumer-debt, ga-family-law
- For pre-filing QC:
ga-quality-check, ga-fact-check
- For pro se conventions:
ga-pro-se
References
references/affidavit-template.md — annotated notarized-affidavit template
references/declaration-template.md — unsworn-declaration variant
references/personal-knowledge.md — foundation conventions