A supporting or opposing affidavit must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. If a paper or part of a paper is referred to in an affidavit, a sworn or certified copy must be attached to or served with the affidavit. The court may permit an affidavit to be supplemented or opposed by depositions, answers to interrogatories, or additional affidavits. FRCP 56(e).
Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported by the sworn declaration or affidavit in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported by the written, unsworn declaration of such person which is dated and subscribed by him or her as true under penalty of perjury. 28 USC § 1746.
A declaration by an individual is effective if made in substantially the following form:
Executed Inside the United States, its Territories, Possessions, or Commonwealths.
''I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)''
When a motion relies on facts outside the record, the court may hear the matter on affidavits or may hear it wholly or partly on oral testimony or on depositions. FRCP 43(c).
Formatting of Papers
See Northern District of Illinois SmartRules™ procedural guide: GENERAL RULES AND FORMATTING REQUIREMENTS.
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