--- name: mi-draft-declaration description: > This skill should be used to scaffold a sworn factual statement for a Michigan court filing. Michigan practice defaults to a notarized AFFIDAVIT for motion support; Michigan also recognizes verification by a signed declaration "under the penalties of perjury" under MCR 1.109(D)(3) in lieu of a separate oath for many documents. Triggers include "draft a Michigan affidavit", "MCR 2.119(B) affidavit", "verification MCR 1.109(D)(3)", "sworn statement Michigan", "notarize affidavit Michigan", "affidavit in support of a Michigan motion", "verify a Michigan pleading". Produces a notarized affidavit (the default) with a personal-knowledge foundation, numbered paragraphs, exhibit references, a jurat, and a notary block, plus an MCR 1.109(D)(3) verification block as the alternative. Composes with `mi-statewide-format` for the caption, `mi-draft-motion` for the supported motion, and `mi-draft-order` for the proposed order. version: 0.1.0 --- # Draft a Michigan Affidavit > **NOT LEGAL ADVICE.** This skill scaffolds a sworn factual statement. > The declarant/affiant is 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, and a knowingly false > declaration "under the penalties of perjury" can be punished as > perjury and as contempt of court. Verify the current rules before > filing. Use this skill in addition to `mi-statewide-format` when a filing requires sworn factual support — most commonly an affidavit supporting or opposing a motion (including a motion for summary disposition under MCR 2.116), an affidavit of account in a debt matter, or a verification attached to a pleading. ## Two sworn-statement forms in Michigan Michigan recognizes two distinct mechanisms; pick the right one for the document at hand. **1. Notarized affidavit (the default for motion support).** 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** ("Sworn to and subscribed before me..."). The oath is administered under **MCL 600.2102**. When an affidavit supports or opposes a *motion*, **MCR 2.119(B)** governs its content (see below). Default the scaffold to this form. **2. Verification by declaration under MCR 1.109(D)(3) (the alternative).** Where a document is required or permitted to be *verified*, the rule allows verification — **except as to an affidavit** — by a signed and dated declaration in this form: > "I declare under the penalties of perjury that this ________ has been > examined by me and that its contents are true to the best of my > information, knowledge, and belief." This needs **no notary**. A person who knowingly makes a false declaration under this subrule may be found in contempt of court, in addition to other sanctions. **Which to use.** Use a **notarized affidavit** to supply sworn facts in support of or opposition to a **motion** (MCR 2.119(B) requires an affidavit there — the (D)(3) declaration is unavailable "as to an affidavit"). Use the **MCR 1.109(D)(3) verification** to verify a **pleading** or other document where the rule or statute calls for verification rather than a supporting affidavit. ## MCR 2.119(B) — affidavit content requirements An affidavit filed in support of or in opposition to a motion must: - **(a)** be **made on personal knowledge**; - **(b)** state **with particularity** facts **admissible as evidence** establishing or denying the grounds stated in the motion; and - **(c)** show affirmatively that the affiant, **if sworn as a witness, can testify competently** to the facts stated. Keep each averment to facts the affiant could competently testify to at trial. An affidavit that buries hearsay, argument, or conclusions inside a "personal knowledge" averment invites a motion to strike. ## Standard affidavit scaffold (default) ``` [Caption — see mi-statewide-format] AFFIDAVIT OF JANE DOE IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY DISPOSITION STATE OF MICHIGAN ) ) 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.] Further affiant sayeth not. ____________________________ Jane Doe, Affiant Subscribed and sworn to before me this ___ day of __________, 20__. ____________________________ Notary Public, State of Michigan County of __________ My commission expires: ____________ Acting in the County of ________ [Notary seal] ``` ## MCR 1.109(D)(3) verification block (alternative) Append this to a verified pleading or document where a declaration is permitted in lieu of an oath — **no notary required**: ``` VERIFICATION I declare under the penalties of perjury that this [Complaint / Answer / pleading] has been examined by me and that its contents are true to the best of my information, knowledge, and belief. Dated: __________ ____________________________ Jane Doe, Declarant ``` ## Personal-knowledge foundation Each averment must rest on the affiant'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." ## 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 brief can cite a precise paragraph as record support — e.g., `(Doe Aff. ¶ 3)`. When the affidavit 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 `mi-statewide-format` for exhibit handling and pagination. ## Sworn vs. argued — the cardinal rule The affidavit's job is to **state facts**; the motion and brief's job is to **argue law**. Resist arguing in an affidavit ("Plaintiff's claim is barred by the statute of limitations") — that belongs in the brief (see `mi-draft-motion`), not the affidavit. For each averment, the supporting brief should cite the paragraph as record support. Run `mi-fact-check` to audit sworn-vs-argued alignment before filing. ## When the document is notarized A Michigan notary completes the **jurat** by watching the affiant sign (or acknowledge a prior signature), administering the oath or affirmation under MCL 600.2102, then signing and sealing with the commission expiration date and the county of commission. Bring valid photo identification and do **not** sign the affidavit until you are in front of the notary. ## Composition - For format and caption: `mi-statewide-format` - For the supported motion and brief: `mi-draft-motion` - For the proposed order: `mi-draft-order` - For pro se conventions and signature block: `mi-pro-se` - For pre-filing QC: `mi-quality-check`, `mi-fact-check` ## References - `references/affidavit-template.md` — annotated notarized-affidavit template with jurat and notary block - `references/mcr-2119b-affidavit.md` — MCR 2.119(B) personal-knowledge and admissibility requirements - `references/mcr-1109d3-verification.md` — declaration-under-penalties verification form and when it may replace an oath - `references/personal-knowledge.md` — foundation conventions