| name | tx-draft-declaration |
| description | This skill should be used to scaffold a sworn factual statement supporting a Texas court motion or filing. Texas recognizes two forms: a notarized AFFIDAVIT, and an UNSWORN DECLARATION under Tex. Civ. Prac. & Rem. Code § 132.001 that may be used in lieu of a written sworn declaration, verification, certificate, statement, oath, or affidavit. Triggers include "draft a Texas affidavit", "Texas unsworn declaration", "CPRC 132.001 declaration", "unsworn declaration under penalty of perjury Texas", "sworn statement Texas", "notarize affidavit Texas", "Rule 166a affidavit Texas", "affidavit in support of a Texas motion", "business records affidavit Texas Rule 902(10)". Produces either a notarized affidavit (personal-knowledge foundation, numbered paragraphs, exhibit references, jurat, and notary block) or a CPRC § 132.001 unsworn-declaration block as the no-notary alternative. Composes with `tx-statewide-format`, `tx-draft-motion`, and `tx-draft-order`.
|
| version | 0.1.0 |
Draft a Texas Affidavit or Unsworn Declaration
NOT LEGAL ADVICE. This skill scaffolds a sworn factual
statement. You, the affiant/declarant, are personally responsible
for the truth of every statement. A statement sworn before a
notary that is knowingly false in a material respect can
constitute perjury; a knowingly false unsworn declaration
subscribed "under penalty of perjury" is itself punishable as
perjury. Verify the current rules before filing.
Use this skill in addition to tx-statewide-format when a Texas
filing requires sworn factual support — most commonly an affidavit
or unsworn declaration supporting or opposing a motion (including a
motion for summary judgment under Tex. R. Civ. P. 166a), a verified
pleading, an affidavit on a sworn account (Tex. R. Civ. P. 185), or
a business-records affidavit (Tex. R. Evid. 902(10)). The
declarant is the user.
Two sworn-statement forms in Texas
Texas recognizes two mechanisms. Pick the one that fits the document
and the filer's access to a notary.
1. Notarized affidavit. A written statement of facts the affiant
swears (or affirms) to be true, signed in the presence of a notary
who administers the oath and completes a jurat ("Subscribed and
sworn to before me ..."). Requires a notary.
2. Unsworn declaration under penalty of perjury (Tex. Civ. Prac.
& Rem. Code § 132.001). Texas law permits an unsworn
declaration to be used in lieu of a written sworn declaration,
verification, certification, oath, or affidavit required by statute
or required by a rule, order, or requirement adopted as provided by
law (with the limited exclusions the statute names — confirm the
current exclusions in tx-law-references). The declaration must be:
- in writing, and
- subscribed by the person making it as true under penalty of
perjury.
Under § 132.001 the declaration must include a jurat in
substantially the prescribed form, stating the declarant's printed
name, date of birth, and address, and closing with the penalty-of-
perjury statement and the county and state of execution:
"I, [printed name], declare under penalty of perjury that the
foregoing is true and correct.
Executed in ______ County, State of ______, on the ___ day of
______, 20.
[Declarant signature]"
This needs no notary. Confirm the exact current jurat form and
the required declarant identifiers (the statute also calls for the
declarant's date of birth and address in the prescribed jurat) and
any document types excluded from § 132.001 in tx-law-references.
Which to use. Use the § 132.001 unsworn declaration to avoid
the notary bottleneck wherever a sworn statement is merely required
or permitted. Use a notarized affidavit where a specific rule,
statute, or local practice expects a notarized oath, or where the
matter is excluded from § 132.001.
Tex. R. Civ. P. 166a — affidavit/declaration content requirements
An affidavit or unsworn declaration used to support or oppose a
motion for summary judgment must:
- be made on personal knowledge;
- set forth facts that would be admissible in evidence; and
- affirmatively show that the affiant or declarant is competent to
testify to the matters stated.
Keep each averment to facts the affiant could competently testify to
at trial. An affidavit that buries hearsay, argument, or legal
conclusions inside a "personal knowledge" averment invites an
objection and a motion to strike. Confirm the current Rule 166a(f)
text in tx-law-references.
Standard affidavit scaffold (notarized)
[Caption — see tx-statewide-format]
AFFIDAVIT OF JANE DOE IN SUPPORT OF
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
STATE OF TEXAS §
§
COUNTY OF [COUNTY] §
BEFORE ME, the undersigned notary, on this day personally appeared
Jane Doe, who, being by me duly sworn, deposed and stated as follows:
1. "My name is Jane Doe. I am the Defendant in this cause. I am over
eighteen (18) years of age, of sound mind, and fully competent to
make this Affidavit, and I have personal knowledge of the facts
stated herein, each of which is true and correct.
2. On [date], [fact stated with particularity].
3. A true and correct copy of [the written instrument / statement /
correspondence] is attached hereto as Exhibit A and incorporated
by reference.
4. [Continue with one material, admissible fact per numbered
paragraph.]"
____________________________
Jane Doe, Affiant
SUBSCRIBED AND SWORN TO before me on this ___ day of __________, 20__.
____________________________
Notary Public, State of Texas
My commission expires: ______
[Notary seal]
CPRC § 132.001 unsworn-declaration block (no notary)
Use this in place of the jurat and notary block. Open with the same
personal-knowledge averments (paragraphs 1–4 above), then close with
the § 132.001 jurat:
DECLARATION
"My name is Jane Doe, my date of birth is __________, and my address
is _________________________, _______ County, _______, U.S.A. I
declare under penalty of perjury that the foregoing is true and
correct.
Executed in ______ County, State of Texas, on the ___ day of
__________, 20__.
____________________________
Jane Doe, Declarant"
Confirm the exact § 132.001 jurat language and required
identifiers in tx-law-references — the statute prescribes the
form, and a declaration that omits a required element (e.g., the
date of birth or address in the prescribed jurat) may be
challenged.
Personal-knowledge foundation
Each averment must rest on the affiant/declarant's personal
knowledge. Common foundation phrasing:
- "I am the [role] in this matter and personally [participated in /
witnessed / received] the events described below."
- "In the regular course of my [business / personal recordkeeping],
I maintain and am familiar with the records described herein."
When a fact rests on information and belief rather than direct
knowledge, say so explicitly and give the basis:
"Upon information and belief, [fact]. The basis for this belief is
my review of [the account statement / written contract] attached
as Exhibit B."
An information-and-belief averment may be insufficient to carry a
fact at summary judgment, where Tex. R. Civ. P. 166a demands personal
knowledge.
Business-records affidavit — Tex. R. Evid. 902(10)
Texas allows self-authentication of business records by affidavit
under Tex. R. Evid. 902(10), which supplies the affidavit form
and the pretrial notice and filing mechanics. In a debt or
account matter, scrutinize the affiant's foundation: a custodian who
lacks knowledge of the original creditor's records may be unable
to authenticate them. Confirm the current 902(10) affidavit form and
the notice/filing deadline in tx-law-references; pair with
tx-consumer-debt when the records are an assigned account.
Verified pleadings and sworn accounts
- Verified pleas (Tex. R. Civ. P. 93) — certain matters (lack of
capacity, defect of parties, denial of a sworn account, etc.) must
be denied under oath / by verified pleading. The verification
can be supplied by a § 132.001 unsworn declaration or a notarized
affidavit.
- Sworn account (Tex. R. Civ. P. 185) — a properly verified
account is prima facie proof unless the defendant files a sworn
denial under Rule 93(10) / Rule 185. See
tx-consumer-debt.
Numbered paragraphs and exhibits
State each averment in a separately numbered paragraph limited so
far as practicable to a single set of circumstances, so the motion
can cite a precise paragraph as record support — e.g., (Doe Aff. ¶ 3). When the statement relies on a written instrument, attach a
copy as an exhibit, label it (EXHIBIT A, centered and bold) with
a one-line caption, and refer to it by letter in the body. See
tx-statewide-format for exhibit handling and pagination.
Sworn vs. argued — the cardinal rule
The affidavit/declaration's job is to state facts; the motion's
job is to argue law. Resist arguing in a sworn statement
("Plaintiff's claim is barred by limitations") — that belongs in the
motion's Argument & Authorities section (see tx-draft-motion), not
the affidavit. Run tx-fact-check to audit sworn-vs-argued alignment
before filing.
When the document is notarized
A Texas notary completes the jurat by watching the affiant sign
(or acknowledge a prior signature), administering the oath or
affirmation, then signing and sealing with the commission expiration
date. Bring valid photo identification and do not sign the
affidavit until you are in front of the notary.
Composition
- For format and caption:
tx-statewide-format
- For the supported motion:
tx-draft-motion
- For the proposed order:
tx-draft-order
- For pro se conventions and signature block:
tx-pro-se
- For sworn-account / 902(10) records context:
tx-consumer-debt
- For pre-filing QC:
tx-quality-check, tx-fact-check
- For the current text of CPRC § 132.001, Tex. R. Civ. P. 166a(f),
and Tex. R. Evid. 902(10):
tx-law-references
References to author
references/affidavit-template.md — annotated notarized affidavit
scaffoldreferences/declaration-template.md — CPRC § 132.001 unsworn-
declaration scaffold with the prescribed juratreferences/personal-knowledge.md — foundation and
sworn-vs-argued guidance
