ga-draft-declaration · diff
v0.1.0 to v0.1.0
151 added, 28 removed. Audit A to A.
---
name: ga-draft-declaration
description: >
- Scaffold a declaration (or affidavit, per Georgia conventions) for a Georgia court filing.
+ 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 Declaration
-
- > **TODO**: Author substantive content. This is a scaffolded
- > stub. Research the Georgia analog from authoritative sources
- > before writing — do not search-and-replace from another
- > state plugin.
+ # 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.
- ## State context
+ 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.
- - **State**: Georgia
- - **Format rule**: O.C.G.A. § 9-11-10 + Uniform Superior Court Rules
- - **Civil rules**: Georgia Civil Practice Act (O.C.G.A. Title 9, Ch. 11)
- - **Evidence rules**: Georgia Evidence Code (O.C.G.A. Title 24)
- - **Style manual**: Georgia appellate citation (Bluebook-based)
+ ## Affidavit vs. declaration — which to use
- ## What to author
+ | | 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 |
- 1. Description: replace the placeholder with realistic trigger
- phrases for how a Georgia pro se filer would ask about this
- 2. Body: substantive content matching the role
- 3. Composition notes: which other ga- skills this layers
- with
- 4. References: the supporting `references/*.md` files
+ For most Georgia state-court evidentiary purposes, use a **notarized
+ affidavit**. Confirm the specific rule before substituting an unsworn
+ declaration.
- ## References to author
+ ## Required components
- - Research the Georgia analog from authoritative sources
- before authoring; do NOT search-and-replace from another
- state plugin
+ 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
- ## Cross-references
+ ## Standard affidavit scaffold
- - `ga-statewide-format` for format baseline
- - `ga-fulton` / `ga-cobb` / `ga-county-courts` for venue
- - `ga-pro-se` for pro se conventions
+ ```
+ [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