Declaration

What declaration means

In practice, you will see declaration in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where declaration comes up

For example, the term appears in these procedures:

• Request to Defer Summary Judgment for More Discovery (Fed. R. Civ. P. 56(d)): a request, supported by affidavit or declaration, explaining that the nonmovant cannot yet present facts essential to justify its opposition.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses declaration in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Damages: money awarded to compensate for a loss or injury.
• Debt buyer: a company that purchases debts, often charged-off consumer debts, from the original creditor or another owner.
• Deed of trust: a security instrument used in many states in which the borrower conveys an interest in real property to a trustee to secure a loan, usually with a power of sale.
• Default: a party's failure to plead or otherwise defend within the time allowed, which the clerk records as an entry of default.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.