Declaration Components

1. Title

2. Venue

3. Commencement

4. Statement of the Cause of Action

5. The Conclusion

The term “declaration” is used to designate the state of plaintiff’s claim which is

made in every case tried before the court and jury. The statement is generally

presented in several forms, called “counts.” Buckingham v. Murray’s Ex’r (Del.) 30 Atl.

779, 780, 7 Houst. 176.

The declaration is a statement in legal form of the plaintiff’s cause of action. It

consists of five parts: First, the title; second, the venue; third, the commencement;

fourth the statement of the cause of action; fifth, the conclusion.” Smith v. Fowle (N.Y.)

12 Wend. 9, 10

The declaration should contain a statement of all the facts necessary in a point of law

to sustain the action, and no more, and these facts should be set forth with certainty.

—2 Words and Phrases (1901) p. 1902, col 2.

Affidavit Components

“An affidavit is simply a declaration on oath, in writing, sworn to by a party before

some person who has authority under the law to administer oaths.” Cox v. Stern, 48 N.E.

906, 170 Ill. 442, 62, Am. St. Rep. 385 (citing Harris v. Lester, 80 Ill. 307) . . .”

—1 Words and Phrases (1901) p. 240, col 2.

An affidavit is an oath in writing signed by the party deposing, sworn before and

attested by one who had authority to administer the same, and the component parts of

an affidavit are (1) the written oath; (2) the signature of the deponent; (3) the

attestation or administering of the oath by the officer who had administered it; and, if

any of these elements are lacking, the affidavit is defective. Hargadine v. Van Horn,72

Mo. 370

—2 Words and Phrases (1901) pgs. 240-241, cols. 1 and 2.