DECLARATION - The Law Mind Legal Dictionary

See encyclopedia: Condominiums and Cooperatives -- Creation, Governance, and Common Elements →

DECLARATIONAuthored

The Law Mind • 1655 words

Definition

Declaration carries several distinct legal meanings depending on context. The three principal uses are:

PLEADING (common law). The first formal pleading filed by a plaintiff in an action at law, setting out the facts and circumstances constituting the cause of action in methodical, structured form. It is the functional equivalent of a complaint in modern civil procedure. A declaration typically contains multiple sections called counts, and its formal parts proceed in order: title, venue, commencement, statement of the cause of action, counts, and conclusion. In real actions it was historically called the count; in personal actions, the declaration — though declaration eventually became the general term covering both.

EVIDENCE. An out-of-court statement offered for various purposes. Declarations appear in evidence law in several recognized subcategories: declarations against interest, dying declarations, and declarations accompanying acts (res gestae). The admissibility of each turns on distinct rules. The term is sometimes used interchangeably with "statement" in modern evidence law, though historical sources treat "declaration" as a somewhat broader and more formal category.

LEGAL INSTRUMENTS AND FORMAL PROCLAMATIONS. A formal written instrument making a legally operative statement: a declaration of war, a declaration of independence, a customs declaration, a condominium declaration, or a declaration of trust. In real property, the declaration is the foundational document that creates a condominium regime, establishing the structure of ownership, common areas, and the rules governing the community.

Common Language

Modern common usage (Wiktionary): An emphatic or formal act of saying, telling, or asserting something by speech or writing; a decisive assertion or proclamation. Also a list of items for legal purposes (e.g., customs declaration), or a formal document specifying plaintiff's cause of action in common law.
Historical common usage (Webster's 1913): The act of declaring or publicly announcing; explicit assertion; proclamation; exposition — as the declaration of an opinion or a declaration of war. Also, the document or instrument embodying such announcement.
The common-language definitions capture the proclamatory meaning reasonably well but miss the technical pleading sense entirely — the most historically significant legal usage. A researcher encountering "declaration" in case reports or pleading treatises will find a meaning far more technical and structured than ordinary usage suggests.

Common Confusion

DECLARATION VS. AFFIDAVIT
In modern federal practice, an unsworn declaration made under penalty of perjury (28 U.S.C. § 1746) may substitute for a sworn affidavit. This has caused some conflation of the two terms. A declaration in this sense is not an affidavit — it is not sworn before an officer — but carries equivalent legal force under the statute. Historical sources do not recognize this usage and treat declaration and affidavit as wholly distinct instruments.

Recognized Forms

/SUBTYPES

DECLARATION (PLEADING): The initiating plaintiff's pleading in a common law action. Divided into counts. Required to allege time, place, and the nature of the wrong with sufficient particularity. Governed by the writ system; the form of declaration had to match the form of action (assumpsit, trespass, case, etc.).

DYING DECLARATION: A statement made by a declarant who believes death is imminent, concerning the cause or circumstances of the impending death. Admissible as an exception to the hearsay rule on the theory that a person facing death has no motive to fabricate. Modern treatment is codified in Federal Rule of Evidence 804(b)(2). See encyclopedia entry.

DECLARATION AGAINST INTEREST: A statement by an unavailable declarant that was, at the time of making, against the declarant's pecuniary, proprietary, or penal interest. Distinguished from an admission by a party-opponent: declarations against interest require unavailability and apply to non-parties.

DECLARATION OF WAR: A formal act by the legislative branch (in the United States, Congress) formally acknowledging a state of war with another nation. Distinguished from authorizations for use of military force (AUMFs) and undeclared conflicts. See encyclopedia entry.

DECLARATION OF TRUST: A statement by a property owner that certain property is held in trust for another, without a transfer of legal title to a trustee. Sufficient to create a trust in many jurisdictions when properly executed.

CONDOMINIUM DECLARATION: The master document recorded in the land records that legally creates a condominium. Establishes unit boundaries, common elements, percentage interests, and the governance framework. Its recorded status gives it effect against all future owners. See encyclopedia entry.

Why It Matters in Research

The multi-meaning character of "declaration" is the central research hazard. A researcher working in historical case law must immediately identify which sense controls: the pleading sense dominates in pre-twentieth-century common law reports, while the evidence sense and instrument sense appear throughout all periods.

For pleading research: The declaration was abolished or superseded by code pleading and then notice pleading across U.S. jurisdictions during the nineteenth and twentieth centuries. In sources predating those reforms, "declaration" is a term of art governed by strict formal requirements tied to the writ system. The form of the declaration had to correspond precisely to the writ under which the action was brought. Anachronistic readings — importing modern notice-pleading flexibility into a declaration — will produce serious errors of interpretation.

For evidence research: The subcategories of declarations in historical sources (dying declarations, declarations against interest, declarations accompanying acts) each have distinct doctrinal histories. Burrill and Bouvier treat them within their broader hearsay discussions. Modern Federal Rules of Evidence restructure the categories, so care is required when tracing doctrine from historical sources forward. The dying declaration, in particular, has a long common law history that predates codification significantly.

For real property research: The condominium declaration is a creature of twentieth-century statute. Historical dictionary sources have no meaningful treatment of it. Researchers working on condominium title, governance disputes, or amendment questions should consult modern state condominium acts rather than common law dictionary sources.

For constitutional research: Declarations of war appear in historical sources primarily in the context of international law and the law of war, not as domestic constitutional instruments. The allocation of war powers between Congress and the Executive has evolved substantially through practice and statute. Historical dictionary entries on this point are thin.

Historical Dictionary Support

The historical dictionaries converge firmly on the pleading definition as the primary meaning of declaration. Bouvier, Black (both editions), and Burrill give extended treatment to the pleading sense, and all substantially agree: the declaration is the plaintiff's formal, methodical statement of the cause of action, the first pleading in an action at law. Bouvier's characterization — "a specification, in a methodical and logical form, of the circumstances which constitute the plaintiff's cause of action" — is representative of the consensus. Burrill adds the historical depth, noting the earlier Latin term narratio and the French counte, and situating the declaration as "the first of the pleadings in an action at law."

Bouvier usefully clarifies the relationship between declaration (personal actions) and count (real actions), noting that declaration eventually became the general term. He also draws the functional equivalence explicitly: in equity, the equivalent is the bill in chancery; in civil law, the libel or narratio; in ecclesiastical courts, the allegations. This comparative framing is helpful for researchers working across different court systems in historical sources.

On the evidence uses, Bouvier provides the most extended historical treatment, identifying three recognized categories of declarations: those where the fact of making the declaration is itself in question; expressions of bodily feeling; and dying declarations. His case citations, while dated, trace the common law foundation of these rules. Black's first and second editions echo this structure but more briefly.

None of the historical shelf sources give meaningful treatment to the condominium declaration or the modern unsworn declaration under penalty of perjury — both are twentieth-century developments that postdate the core historical dictionary literature. The declaration of war receives only passing treatment in these sources, primarily in the context of the law of nations rather than constitutional allocation of powers.

Jurisdictional Note

The pleading sense of declaration is essentially obsolete in active U.S. litigation practice. Federal courts and most state courts now use "complaint" under rules-based civil procedure. A small number of jurisdictions retained declaration terminology longer than others in their transition to code pleading, so the precise date of displacement varies. In England and Commonwealth jurisdictions, declaration persisted longer as formal pleading terminology and also carries the distinct meaning of a judicial declaration — a court's formal pronouncement of the rights of the parties without ordering affirmative relief (the declaratory judgment). Researchers should not assume that English cases using "declaration" are referring to the same procedural instrument as American sources.

Encyclopedia Cross-Reference

Dying Declaration — Rule 804(b)(2) (The Law Mind Civil Procedure & Evidence Encyclopedia)
Condominium Creation — Declaration, Bylaws, and State Condominium Acts (The Law Mind Real Estate Transactions & Construction Encyclopedia)
Constitutional War Powers — Declarations of War, AUMFs, and Undeclared Conflicts (The Law Mind Constitutional Law Encyclopedia)

DECLARATIONmain

Black's Law Dictionary • 1891

In pleading. The first of the pleadings on the part of the plain- tiff in an action at law, being a formal and methodical specification of the facts and cir- cumstances constituting his cause of action. It commonly comprises several sections or divisions, called "counts," and its formal parts follow each other in this order: Title, venue, commencement, cause of action, counts, conclusion. The declaration, at common law, answers to the "libel" in ec- clesiastical and admiralty law, the "bill" in equity, the "petition" in civil law, the "com- plaint" in code pleading, and the "count" in E real actions. In evidence. An uns worn statement or narration of facts made by a party to the transaction, or by one who has an interest in F the existence of the facts recounted. Or a similar statement made by a person since de- ceased, which is admissible in evidence in some cases, contrary to the general rule, e. g., a “dying declaration." G H In practice. The declaration or declara- tory part of a judgment, decree, or order is that part which gives the decision or opinion of the court on the question of law in the case. Thus, in an action raising a question as to the construction of a will, the judgment or order declares that, according to the true construction of the will, the plaintiff has be- come entitled to the residue of the testator's | estate, or the like. Sweet. In Scotch practice. The statement of a criminal or prisoner, taken before a magis- trate. 2 Alis. Crim. Pr. 555.

DECLARATIONmain

Bouvier's Law Dictionary • 1928

In Pleading. A specification, in a methodical and logical form, of the circumstances which consti- tute the plaintiff's cause of action. 1 Chit. Pl. 248; Co. Litt. 17 a, 303 a; Bacon, Abr. Pleas (B); Comyns, Dig. Pleader, C, 7; Lawes, Pl. 35; Steph. Pl. 36; 6 S. & R. 28. In real actions, it is most properly called the count; in a personal one, the declaration; Steph.

DECLARATIONmain

Bouvier's Law Dictionary • 1928

Pl. 86; Doctr. Plac. 88; Lawes, Pl. 88. See Fitzh. N. B. 16 a, 60 d. The latter, however, is now the general term,-being that commonly used when referring to real and personal actions without dis- tinction; 3 Bouvier, Inst. n. 2815. In an action at law, the declaration answers to the bill in chancery, the libel (narratio) of the civilians, and the allegations of the ecclesiastical courts. It may be general or special: for example, in debt on a bond, a declaration counting on the penal part only is general; one which sets out both the bond and the condition and assigns the breach is special; Gould, Pl. c. 4. § 50. The parts of a declaration are the title of the court and term; the venue, see VENUE; the commencement, which contains a state- ment of the names of the parties and the character in which they appear, whether in their own right, the right of another, in a political capacity, etc., the mode in which the defendant has been brought into court, and a brief recital of the form of action to be proceeded in; 1 Saund. 318, n. 3, 111; q Term 130; if a person is doing business under a firm name, he properly sues on an account growing out of such business in his individual name; 83 Mich. 226; 93 Ala. 92; the statement of the cause of action, which varies with the facts of the case and the nature of the action to be brought, and which may be made by means of one or of several counts; 3 Wils. 185; 2 Bay 206; one count may incorporate by refer ence, certain general averments which are in a previous count in the same pleading; 94 Cal. 49; see COUNT; the conclusion, which in personal and mixed actions should be to the damage (ad damnum, which title see) of the plaintiff; Comyns, Dig. Pleader (C, 84); 10 Co. 116 b, 117 a; 1 M. & S. 236; unless in scire facias and in penal actions at the suit of a common in- former, but which need not repeat the ca- pacity of the plaintiff; 5. Binn. 16, 21; the profert of letters testamentary in case of a suit by an executor or administrator; Bacon, Abr. Executor (C); Dougl. 5, n.; 1 Day 305; and the pledges of prosecution, which are generally disused, and, when found, are only the fictitious persons, John Doe and Richard Roe. The requisites or qualities of a declaration are that it must correspond with the pro- cess; and a variance in this respect was formerly the subject of a plea in abatement, see ABATEMENT; it must contain a state- ment of all the facts necessary in point of law to sustain the action, and no more; Co. Litt. 303 a; Plowd. 84, 122; Pep. Pl. 8. See 2 Mass. 363; Cowp. 682; 6 East 422; Viner, Abr. Declaration; 45 La. Ann. 935. The omission of a complaint to allege a. material fact is cured where such fact is shown by the answer; 33 IH. App. 01. The circumstances must be stated with certainty and truth as to parties; 3 Cai. 170; 1 M. & S. 304; 3 B. & P. 559; 6 Rich. 390; 8 Tex. 109; 4 Munf. 430; 1 Campb. 195; time of occurrence, and in personal actions it must, in general, state a time when every material or traversable fact happened; 36 N. H. 252; 3 Ind. 484; 3 Zabr. 309; 3 McLean 96; see 15 Barb. 550; and when a venue is necessary, time must also be mentioned; 5 Term 620; Com. Dig. Pleader (C, 19); 5 Barb. 375; 4 Den. 80; though the precise time is not material; 2 Dall. 346; 3 Johns. 43; 25 Ala. N. S. 469; unless it constitute a material part of the contract declared upon, or where the date, etc., of a written contract is averred; 4 Term 590; 2 Campb. 307, 308, n.; 86 N. H. 252; 3 Zabr. 809; or in eject- ment, in which the demise must be stated to have been made after the title of the lessor of the plaintiff and his right of entry accrued; 2 East 257; 1 Johns. Cas. 283; the place, see VENUE; and, generally, as to par- ticulars of the demand, sufficient to enable the defendant to ascertain precisely the plaintiff's claim; 2 B. & P. 265; 2 Saund. 74b; 12 Ala. N. S. 567; 2 Barb. 643; 35 Ν. H. 530: 32 Miss. 17; 1 Rich. 493. In Evidence. A statement made by a party to a transaction, or by one having an interest in the existence of some fact in re- lation to the same. Such declarations are regarded as original evidence and admissible as such-first, when

DECLARATIONn.

Websters Unabridged Dictionary (1913) • 1913

The act of declaring, or publicly announcing; explicit asserting; undisguised token of a ground or side taken on any subject; proclamation; exposition; as, the declaration of an opinion; a declaration of war, etc. That which is declared or proclaimed; announcement; distinct statement; formal expression; avowal. Declarations of mercy and love . . . in the Gospel. Tillotson. The document or instrument containing such statement or proclamation; as, the Declaration of Independence (now preserved in Washington). In 1776 the Americans laid before Europe that noble Declaration, which ought to be hung up in the nursery of every king, and blazoned on the porch of every royal palace. Buckle. That part of the process in which the plaintiff sets forth in order and at large his cause of complaint; the narration of the plaintiff's case containing the count, or counts. See Count, n., 3. Declaration of Independence. (Amer. Hist.) See under Independence.  -- Declaration of rights. (Eng. Hist) See Bill of rights, under Bill.  -- Declaration of trust (Law), a paper subscribed by a grantee of property, acknowledging that he holds it in trust for the purposes and upon the terms set forth. Abbott.

declarationnoun

Wiktionary (English) • 2026

Wiktionary contributors • CC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.

An emphatic or formal act of saying, telling or asserting something, by speech or writing; a decisive assertion or proclamation. | Specifically, a declaration of love. | A list of items for various legal purposes, e.g. customs declaration. | The act or process of declaring. | The act, by the captain of a batting side, of declaring an innings closed. | In common law, the formal document specifying plaintiff's cause of action, including the facts necessary to sustain a proper cause of action, and to advise the defendant of the grounds upon which he is being sued. | The specification of an object, such as a variable or function, establishing its existence but not necessarily describing its contents.

Explore the full Law Mind legal research platform.

Subscribe Encyclopedia Sign In