Last Update: 9/13/05 (Transmittal I-4-15)
A declaration is essentially a statement of the facts in the case. The U.S. Attorney uses the declaration as a supporting document accompanying a motion filed with the court. The declaration must not contain any legal argument, evaluation of the evidence or case law citation.
The CCPRB Chief (or a CCPRB analyst designated as Acting Chief) will sign the declaration. The staff will prepare routine “untimely filed” declarations and submit them to the CCPRB Chief for review. Analysts prepare all other declarations. The CCPRB prepares declarations in final form for direct filing with the court. Because OGC or the U.S. Attorney will not normally have an opportunity to review the declaration together with the contents of the claim file, the analyst must ensure that the declaration completely reflects all the pertinent facts in the record. When possible, the analyst must coordinate non-routine declarations with OGC in advance.