--- name: id-draft-declaration description: > This skill should be used to scaffold a sworn factual statement supporting an Idaho court motion or filing. Idaho recognizes two forms: a notarized AFFIDAVIT, and an unsworn DECLARATION under penalty of perjury that, under Idaho Code § 9-1406, has the same force and effect as a notarized affidavit. Triggers include "draft an Idaho affidavit", "Idaho declaration under penalty of perjury", "I.C. 9-1406", "unsworn declaration Idaho", "sworn statement Idaho", "notarize affidavit Idaho", "Rule 56(c) affidavit Idaho", "affidavit in support of an Idaho motion". Produces either a notarized affidavit (personal-knowledge foundation, numbered paragraphs, exhibit references, jurat, and notary block) or an Idaho Code § 9-1406 declaration block as the no-notary alternative. Composes with `id-statewide-format` for the caption, `id-draft-motion` for the supported motion, and `id-draft-order` for the proposed order. version: 0.1.0 --- # Draft an Idaho Affidavit or 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 `id-statewide-format` when an Idaho filing requires sworn factual support — most commonly an affidavit or declaration supporting or opposing a motion (including a motion for summary judgment under I.R.C.P. 56), an affidavit of account in a debt matter, or a verification of facts where a rule or statute calls for sworn support. ## Two sworn-statement forms in Idaho Idaho recognizes two interchangeable mechanisms; either is acceptable supporting evidence under **I.R.C.P. 56(c)**. 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 (Idaho Code § 9-1406).** Idaho law permits an **unsworn declaration** in lieu of a notarized affidavit wherever a matter is required or permitted to be supported, evidenced, established, or proved by a sworn affidavit, declaration, verification, or oath. If the statement is **dated and signed** by the person and subscribed as true **under penalty of perjury**, it carries the **same force and effect** as a notarized affidavit. The standard subscription is: > "I declare under penalty of perjury under the laws of the State > of Idaho that the foregoing is true and correct." This needs **no notary**. Confirm the current text and any form requirements of **Idaho Code § 9-1406** in `id-law-references`. **Which to use.** Either is acceptable under I.R.C.P. 56(c). Use the **§ 9-1406 declaration** to avoid the notary bottleneck. Use a **notarized affidavit** where a specific rule, statute, or local practice expects a notarized oath, or where the matter must be sworn before a particular official. ## I.R.C.P. 56(c) — affidavit/declaration content requirements An affidavit or declaration used to support or oppose a motion for summary judgment must: - be **made on personal knowledge**; - **set out facts that would be admissible in evidence**; and - **show that the affiant or declarant is competent to testify** on 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 a motion to strike. Confirm the current Rule 56(c) text in `id-law-references`. ## Standard affidavit scaffold (notarized) ``` [Caption — see id-statewide-format] AFFIDAVIT OF JANE DOE IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT STATE OF IDAHO ) ) ss. COUNTY OF [COUNTY] ) Jane Doe, being first duly sworn, deposes and states as follows: 1. I am the Defendant in this action. I am over eighteen (18) years of age and competent to testify to the matters stated herein, and I make this Affidavit on my own personal knowledge. 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 this ___ day of __________, 20__. ____________________________ Notary Public for Idaho Residing at: ______________ My commission expires: _____ [Notary seal] ``` ## Idaho Code § 9-1406 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: ``` DECLARATION I declare under penalty of perjury under the laws of the State of Idaho that the foregoing is true and correct. Executed on __________, 20__. ____________________________ Jane Doe, Declarant ``` ## 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 I.R.C.P. 56(c) demands personal knowledge. ## 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 or Memorandum 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 `id-statewide-format` for exhibit handling and pagination. ## Sworn vs. argued — the cardinal rule The affidavit/declaration's job is to **state facts**; the motion and Memorandum's job is to **argue law**. Resist arguing in a sworn statement ("Plaintiff's claim is barred by the statute of limitations") — that belongs in the Memorandum (see `id-draft-motion`), not the affidavit. For each averment, the supporting Memorandum should cite the paragraph as record support. Run `id-fact-check` to audit sworn-vs-argued alignment before filing. ## When the document is notarized An Idaho 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: `id-statewide-format` - For the supported motion and Memorandum: `id-draft-motion` - For the proposed order: `id-draft-order` - For pro se conventions and signature block: `id-pro-se` - For pre-filing QC: `id-quality-check`, `id-fact-check` - For the current text of Idaho Code § 9-1406 and I.R.C.P. 56(c): `id-law-references` ## References to author - `references/affidavit-template.md` — annotated notarized affidavit scaffold - `references/declaration-template.md` — Idaho Code § 9-1406 unsworn-declaration scaffold - `references/personal-knowledge.md` — foundation and sworn-vs-argued guidance