Watch Out: How Creative Photography in Miami FL Is Taking Over and What to Do About It


However most people who need notarial services are either working during the day or unable to leave their homes and offices due to various reasons. They will have to wait until they get off work late afternoon and find a notary public whose office is open later into the evening or over the weekends.

Others who may need a mobile notary include:

Traveling notaries Professional Flooring Services In Crumpler NC offer the same level of service and professionalism. They respect their clients' time and provide a quick but thorough Affordable HVAC Services In Palisades Park NJ process in making sure their documents are properly notarized. San Francisco Notary Public is an example of a traveling notary public in San Francisco Bay Area.

The topic of this article is a brief discussion of the requirements for an affidavit or declaration in the State of California. Any party who has been served with a motion, opposition, or other pleading that contains an affidavit or declaration should carefully review it to determine if it does in fact meet California requirements for a declaration.

California allows the use of a declaration instead of, or in lieu of, an affidavit. The relevant code section is Code of Civil Procedure Section 2015.5.

The key thing to remember is the fact that a declaration signed outside of California that does not state that, "I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct." does not conform with California law, namely Section 2015.5, and should be objected to on that basis.

The California Supreme Court has also ruled in a 2004 case that a declaration that does not comply with the provisions of Section 2015.5 is not admissible if properly objected to.

The average Professional & Reliable Landscaping Services in Pasco FL person would be astounded at what defects the author sees on a regular basis with declarations. In fact the author just finished preparing an evidentiary objection to the declarations of two Affordable Tree Trimming & Tree removal Service in Napa CA defendants in support of a motion to Affordable HVAC Contractor in La Vergne TN dismiss because the declarations were signed in the State of Illinois and did not include the required language.

And readers should note that Section 2015.5 also applies to verifications as well. The author also just finished drafting a meet and confer letter to opposing counsel because the verification attached to several discovery responses did not contain the required statement, and was vague as to where it was signed, stating only that it was "Executed inside the United States... "

And the facts stated in any affidavit or declaration must be positively set forth, if only conclusions or opinions are stated that will not be sufficient.

Unless a statement is specifically made on information and belief it will be required that facts be shown as to how the person making the statement has personal knowledge of the facts. Otherwise the opposing party may object to the affidavit or declaration on the grounds of a lack of personal knowledge.

In particular, an affidavit or declaration that contains mostly conclusions and hearsay is particularly objectionable as in one case, a California Court of Appeal stated that an affidavit consisting of mere conclusions and hearsay was "a nullity and of no evidentiary value."

The author sincerely hopes that you have enjoyed this article.

Yours Truly,

Stan Burman

Copyright 2012 Stan Burman. All rights reserved.