3. Attach the document to the declaration. «Add» simply means putting it on the back of the explanation. Supporting witness statements that can verify your position are particularly important (see Grouped Part 3 statements above). The less biased the witness seems, the more likely it is that the court will believe him. For example, the court will assume that your parents, close family and friends are very biased towards you. This means that they support witnesses worse than people like your neighbors and acquaintances. The best witnesses of support are family members on the other side when they cooperate with you. You probably shouldn`t ask your minor children for explanations, especially if they are children you have in common with the opposing party. The above types of documents are the ONLY ones you can submit under lock and key without special permission from the court. For example, you can`t seal your return, even if you really don`t want other people to read it. Once you have identified the declaration you want a document to introduce, make it a document using the following three-step process: Click here for a sample statement in support of an application to vary an injunction. Again, clause three would deal with changing the circumstances of the interim injunction.
Most counties have unique local rules for returns, specifically the maximum number of return pages. You can find the local rules of each county by clicking on the link in this sentence. However, they are lengthy, so you may prefer to talk unbundled with a local practitioner or make an appointment with a family law mediator. Family law mediators are often located in each county`s upper courthouse and charge $10 per session. 1. The body of the statement should indicate something along the lines of «Attached [insert # or letter] is a true and correct copy of [specify what the document is]». Less formal language is allowed. In essence, a statement is a testimony with a special block of signatures. The signature section of the document should contain the following five elements: 8. Gather plenty of supporting documents. In addition to witnesses, you must collect all supporting documents to support your case, such as photos, emails, text screenshots, police reports, account records, invoices, tax records, and payslips. They must be attached to an appropriate declaration or sealed as financial source documents.
Further details are provided in sections IV and V below. Click here for an example witness statement containing the correct signature block. Pay attention to the explanation you attach to an exhibition. The applicant must be able to identify the document without having to resort to hearsay. Again, hearsay usually means what someone else has said or written. In other words, you should attach a piece to the statement of someone who knows the document firsthand, such as where it came from, how it was created, or who created it. You now know the basic requirements for a declaration. This section explains how to make your statement(s) good enough to win.
Click here for an example of a short explanation with attachment. To use a statement at a hearing, it must be submitted to the court. This, in turn, requires case sensitivity – information at the top of the document indicating what case it is and the name of the document. 1. Example of a declaration of divorce. Click here for an example of a statement filed in support of an application for a divorce order. A typical declaration of divorce would, if necessary, add the following six topics to the third section of the declaration (see above): 5. Declarations must include first-hand knowledge, not second-hand knowledge. You must present any information through a statement from someone with first-hand knowledge, rather than a witness reporting what someone else said. Reporting what someone else has said is called hearsay and is generally prohibited.
One of the main exceptions to hearsay is what the opposing party has communicated. You and your witnesses can say what the opposing party said or wrote. This exception to hearsay is called «admitting a party opponent.» The rules of hearsay are extremely complex, but this small amount of knowledge should cover most situations you will encounter. 2. Storage under lock and key. Financial source documents must be submitted using a cover page for sealed financial source documents. It simply means that you place the cover page above the documents when you file them with the court, and the court then places them in a special sealed file, often referred to as the GR 22 file. Financial source documents include income tax records, credit card statements, cheques or equivalents, cheque statements, pay stubs or other proof of income, bank statements, loan application documents, and pension plan orders such as Qualified Family Relations Orders (QDROs).
You can find a cover page template Sealed Financial Source Documents by clicking here. Often, a statement does not have a case label, as in the witness statement example in the previous section. To file a statement without subtitles, a litigant uses a cover page. Click here for a case legend cover page template that our firm uses for 3rd party group statements. We collect statements from many supporting witnesses from the 3rd party (people who are not parties to the case) and attach them behind a cover page for the signing of the case. 1. Do not use child forms to fill in the space. Our firm recommends creating your own party statement instead of using the template to fill out the blank return attached to many Washington State family tax filings.
If the completed declaration form requires information, simply write «view my statement». Inserting information into your own specially designed explanation usually works best because it improves your ability to tell your story. But if the instruction to be completed requires information that is not in your statement, enter the information in the form! Even the exhibition itself cannot contain hearsay. In this context, hearsay usually means that the document cannot say what someone else has said or written, unless it is what the opposing party has said or written. Account statements, invoices, bank statements, tax returns, W-2s, invoices, credit card bills, medical records, and special assessments are generally allowed at this stage of the case, even if they are not usually presented by the person who wrote them. They are usually submitted under seal and not as proof of explanation – more on this in the next section. 1. A verdict swearing, under penalty of perjury by Washington State, that the information contained in the statement is true,2. The place where the applicant signed the document (city and state)3. The date of signature,4. the name of the applicant and5. His signature.
Just as you should limit the number of pages in your party statement, it`s usually best to limit 3rd party group statements to no more than 15 pages in total. If necessary, discard weak statements. Help the lawyer read your 3rd party group statements faster by highlighting the most important language with a luminous marker. This article explains how to write statements in support of a divorce or family law petition in Washington State, such as an injunction application. Do not neglect this subject. Statements are the way parties submit evidence for hearings of this nature. If your evidence is not presented or is essentially incomplete, you may lose. In a procedure for amending a parenting plan, Article three (see above) would refer primarily to the change in circumstances justifying the new parenting plan. Click here for an example of a statement filed in support of an application for an interim injunction in a parenting plan amendment proceeding. As a rule, the primary declaration – the declaration of the requesting party – has its own label and is submitted as a separate document. Click here for our firm`s party declaration form.
The separate submission of the party statement emphasizes and helps with organization. 3. Tell a story. Make sure that the party`s statement (your statement) not only reflects the facts, but if possible «tells a story.» Decide on the purpose of your case and present it in that context. The introduction to your statement summarizes the story. You might say something like, «In this case, it`s my physically abusive husband who leaves us nothing behind.» Or maybe you say, «In this case, it`s my wife who refuses to work and pretends to be disabled.» Try to emphasize this main plot in your statement. 2. Be thorough.
Be thorough in preparing explanations in support of your application. Usually, your statements are your only way to put the facts into evidence. Chances are, you won`t be allowed to present live testimony or evidence at the hearing. Oral arguments at a hearing are like closing arguments at the end of the main hearing. That is, you can no longer provide evidence or facts; You can only argue from the facts that already exist. If you have not proven these facts with your statements, you have problems. As with the 3rd party group statements, feel free to highlight court messages on receipts or write them by hand.