--- 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 1. **Caption** identical to the motion / pleading (O.C.G.A. § 9-11-10(a)) 2. **Document title**: e.g., `AFFIDAVIT OF JANE DOE IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT` 3. **Opening recital**: identify the affiant and the basis for personal knowledge 4. **Numbered paragraphs** of factual content (O.C.G.A. § 9-11-10(b)) 5. **Exhibit references** as needed 6. **Closing**: jurat (affidavit) or penalty-of-perjury verification (declaration) 7. **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