Ga Draft Declaration

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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