Legal Declaration Petition

LEGAL DECLARATION PETITION

Court Name:   Case No.:

Petitioner Name:   Petitioner Address:

Respondent Name:   Respondent Address:

RECITALS

WHEREAS, Petitioner alleges that on or about certain conduct occurred that forms the basis for this Petition, as set forth in the Statement of Facts below; and

WHEREAS, Petitioner seeks judicial relief, declaratory relief, and any ancillary relief permitted by law to remedy the harm described in this Petition and to preserve the rights of the parties; and

WHEREAS, Petitioner declares under penalty of perjury that the facts contained in the attached Statement of Facts and accompanying exhibits are true and correct to the declarant's personal knowledge, unless stated upon information and belief, in which case the source and reasons for the belief are stated.

NOW THEREFORE, Petitioner respectfully petitions the Court as follows:

1. JURISDICTION AND VENUE

This Court has jurisdiction over the subject matter of this Petition and the parties because the actions giving rise to this Petition occurred within the territorial jurisdiction of this Court and because the requested relief is authorized by applicable statute and common law. Venue is proper in this Court pursuant to the governing venue provisions and in the interest of justice.

2. STATEMENT OF FACTS

The following factual allegations are made on personal knowledge where indicated and, where based on information and belief, the source and basis for the belief are identified. Attach all supporting documents under Exhibits.

3. DECLARATION

I, , being duly sworn, declare under penalty of perjury under the laws of the jurisdiction in which this Petition is filed that the foregoing is true and correct to the best of my knowledge, information and belief. This declaration is executed on at .

4. RELIEF REQUESTED

Petitioner respectfully requests that the Court enter judgment or orders providing the following relief:

4.1. Declaratory Relief: A declaration that .

4.2. Injunctive Relief: Preliminary and permanent injunctive relief restraining .

4.3. Monetary Relief: Payment of damages, restitution, and costs in the amount of , together with interest and attorney's fees as allowed by law.

5. EVIDENCE AND EXHIBITS

Petitioner attaches the following exhibits in support of this Petition. Each exhibit is incorporated by reference as if fully set forth herein.

Exhibit A — Written correspondence, description:

Exhibit B — Contract or agreement, description:

Exhibit C — Other supporting documents, description:

6. NOTICE AND SERVICE

All notices and communications required or permitted under this Petition shall be given in writing and delivered to the following addresses unless otherwise notified in writing.

7. ATTORNEYS' FEES AND COSTS

Petitioner requests an award of reasonable attorneys' fees, costs, and expenses incurred in connection with this action to the extent authorized by statute or contract. If applicable, a prevailing party provision shall apply.

8. AMENDMENT, WAIVER, AND COUNTERPARTS

This Petition may be amended by written stipulation of the parties or by leave of the Court. No failure or delay by a party in exercising any right shall constitute a waiver, except by an instrument in writing signed by the waiving party. This Petition may be executed in counterparts, each of which shall be an original and all of which constitute one instrument.

9. GOVERNING LAW

This Petition and any orders entered hereunder shall be governed by and construed in accordance with the laws of the jurisdiction in which the Court sits, without regard to conflict of laws principles.

10. ENTIRE AGREEMENT

This Petition, together with any exhibits attached hereto, constitutes the entire statement of the matters raised in this filing and supersedes all prior written or oral statements or understandings on the same subject matter.

11. SEVERABILITY

If any provision of this Petition is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

VERIFICATION

I hereby verify under penalty of perjury under the laws of the jurisdiction in which this Petition is filed that the foregoing representations are true and correct and that I am authorized to make this declaration on behalf of the Petitioner where applicable.

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