Preparing a declaration

What is the name of your state? California

Hi, I am new here, I have many questions, I have to start somewhere, so...., I am seeking help on how to have a witness respond to the court in a declaration, regarding a temporary restraining order that was served me. I need to know the format, i.e. how it starts, the numbered paragraphs and how it needs to be worded at the end?...Under penalty of.... etc. etc. Thanks in advance for any help.

Also looking for advise on how to counter a restraining order where the plaintiff lies to get the temporary order without fact or proof of the alegations listed.

P.S. if I am posting in the wrong catorgory, please forgive me.

You're not posting in the wrong 'category', but are really asking for specific LEGAL SERVICES which is beyond the scope and intent of this forum.

I would suggest that you go to your county law library and do some research on legal proceedings and formats. Or consider retaining the services of a local attorney.

I didn't know, My apoligies.

Let me try again....I am only asking for the format to address the court, I know it has to start out in a certain way of wording, and then numberered paragraphs and ends in "I declareunder penalty of perjury under the laws of the state of California that the following is true and correct. "
My question is, what is the first part required on this letter ...is it "To whom it may concern" ? or something else?, Thanks in advance again, I hope that I am not breaking the posting rules.
This is for a witness to add what they have first hand knowledge of.

I, (name of witness) hereby declare:

1. The following facts are within my personal knowledge except those matters stated upon information and belief. If called to testify as a witness, I would and could competently testify as follows:

2. Facts

3. Facts.

4. Facts.

I declare under penalty of perjury under the laws of the State of California.

Executed this 12th day of February, 2004 in Los Angeles, California.

____________________________
name of witness

My response:

Notice that StephenK has used the word "Fact". That doesn't mean "conjecture", it doesn't mean "opinion", it doesn't mean "rumor", and it doesn't mean "conclusion". It means what you know - - what you saw, what you heard first hand, what you said, and what you smelled.

If you write conjectures, opinions, rumors, and/or conclusions, your Declaration will be thrown out.

So, don't make those mistakes.

IAAL

Thank you, very much appreciated.

And that's a fact.