Is an electronic signature legally valid?

Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided the signature satisfies intent, consent, attribution, and retention requirements.

When is notarization required?

Notarization is required if local court or statutory rules demand a sworn affidavit or acknowledgement; RON may be permitted by state notary law when available.

Do I need a BAA for healthcare records?

Yes. If the statement contains protected health information, use a HIPAA-compliant workflow and execute a Business Associate Agreement with the eSignature provider.

How do I correct a signed statement?

Do not alter a signed document in place; instead prepare an amended statement or errata signed and dated by the declarant and attach it with a clear reference to the original.

Can remote notarization be used?

Many states permit Remote Online Notarization with identity proofing and retained audio‑video; verify your state’s RON rules before relying on it.

How do courts view audit trails?

Courts accept audit trails showing timestamps, IP addresses, and signer authentication as evidence of execution and attribution, improving admissibility of electronic signatures.

Electronic Signature
Templates
Legal
Legal Statement of Material Facts

Legal Statement of Material Facts

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

LEGAL STATEMENT OF MATERIAL FACTS

This Legal Statement of Material Facts (the Statement) is made on , by Declarant Name: and submitted to Recipient Name: .

RECITALS

WHEREAS, Declarant is competent to state facts relevant to the matters set forth below and has personal knowledge of the facts asserted in this Statement; and

WHEREAS, Recipient requires a written statement of material facts for use in connection with review, investigation, administrative or judicial proceedings, or settlement negotiations identified as: Case or Matter Reference:

WHEREAS, the parties intend that this Statement be a sworn or declared statement of facts for reliance by Recipient and any authorized third parties as provided herein.

NOW THEREFORE, in consideration of the mutual representations and covenants contained herein, Declarant and Recipient agree as follows:

1. DEFINITIONS

For purposes of this Statement, the following terms have the meanings assigned below. "Material Facts" means those facts that, individually or in the aggregate, are reasonably likely to affect the legal or practical rights, obligations or interests of the parties in the referenced matter. "Declarant" means the individual or entity identified above who makes the statements herein. "Recipient" means the individual or entity identified above who will rely on the facts stated herein.

2. STATEMENT OF MATERIAL FACTS

Declarant hereby states under oath, declaration or affirmation that the following are true, correct, and complete to the best of Declarant's knowledge and belief. Each numbered paragraph below sets forth a separate material fact.

Fact 1 Fact 2 Fact 3

Declarant may attach additional numbered pages labeled Exhibit A, Exhibit B, etc., each incorporated herein by reference. If exhibits are attached, list below:

3. REPRESENTATIONS AND WARRANTIES

Declarant represents and warrants that: (a) Declarant has personal knowledge of the facts asserted herein or has identified the source of each fact and the basis for Declarant's knowledge; (b) the facts set forth are true, accurate and complete as of the date hereof; and (c) no material fact known to Declarant has been knowingly omitted or misstated.

4. CERTIFICATION, OATH AND PENALTIES

Declarant certifies under penalty of perjury under applicable law that the facts stated in this Statement are true and correct. Declarant understands that knowingly providing false statements may subject Declarant to civil and criminal penalties, including but not limited to sanctions for perjury, fines, or other remedies as provided by law.

Place where oath or declaration is executed: City: State:

5. USE, RELIANCE, AND LIMITATIONS

Recipient is authorized to rely on the Material Facts contained in this Statement for the purposes described in the recitals. Recipient shall not use the Statement for purposes beyond those expressly permitted without prior written consent of Declarant. Recipient acknowledges that this Statement does not constitute expert opinion testimony unless separately identified and signed by a qualified expert.

6. CONFIDENTIALITY; FILING

Unless otherwise agreed in writing, the parties understand that filing this Statement with a court or governmental authority may subject the Statement or portions thereof to public disclosure. Declarant and Recipient agree to mark confidential portions and to seek protective relief where appropriate. Declarant authorizes the following treatment of this Statement:

Confidential treatment requested for portions identified in attached exhibits Statement may be filed publicly without restriction

7. NOTICES

All notices, requests, consents and other communications required or permitted hereunder shall be in writing and delivered to the addresses set forth below or to such other address as a party designates by notice in accordance with this section.

Declarant - Notice Name and Title Declarant - Notice Address Recipient - Notice Name and Title Recipient - Notice Address

8. AMENDMENTS; WAIVER

This Statement may be amended or modified only by a writing signed by both Declarant and Recipient. No waiver of any provision hereof shall be effective unless made in writing and signed by the party waiving compliance; failure to insist upon strict performance of any provision shall not be a waiver of subsequent defaults.

9. GOVERNING LAW

This Statement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

10. ENTIRE AGREEMENT

This Statement, together with any exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous statements, understandings, and agreements, whether oral or written.

11. SEVERABILITY

If any provision of this Statement is held invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected and the invalid provision shall be reformed to the extent necessary to effectuate the original intent.

12. COUNTERPARTS

This Statement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means shall be treated as original signatures for all purposes.

Declarant

Printed Name:

Signature:

Date:

Recipient

Printed Name:

Signature:

Date:

What the Legal Statement of Material Facts is and when it’s used

A Legal Statement of Material Facts is a written declaration that identifies the key facts a party asserts are material to a legal matter, transaction, or filing. Typically used in litigation, administrative proceedings, real estate closings, and regulatory submissions, the document lists discrete factual points that support a claim, defense, or application. It must be factual, internally consistent, and dated; where required by local rules the statement may need to be signed under penalty of perjury or verified by affidavit. Accuracy and supporting evidence determine its usefulness in court or administrative review.

Why a clear statement of material facts matters

A concise, well‑structured statement narrows disputed issues, frames discovery, and lets decision makers focus on legally relevant facts. It reduces ambiguity and speeds procedural rulings because courts and agencies rely on clear factual statements to resolve motions, summary judgment, or administrative determinations.

Who typically prepares and relies on these statements

The Legal Statement of Material Facts is prepared by parties, attorneys, or authorized agents to present core facts for a case or filing.

Plaintiffs and petitioners asserting factual positions in court or administrative proceedings.
Defendants or respondents presenting affirmative defenses and factual rebuttals.
Counsel and paralegals drafting statements to accompany motions, affidavits, or exhibits.

Judges, hearing officers, opposing counsel, and regulatory staff use the document to assess whether disputes of material fact exist or whether a matter may be resolved without further factfinding.

Common signer and preparer roles

Attorney / Counsel

Attorneys draft and certify statements to align factual assertions with procedural rules and evidence. They ensure statements meet local court formatting and verification requirements and coordinate attachments such as exhibits or declarations.

Corporate Representative

An authorized officer or records custodian signs on behalf of an organization, attesting to corporate facts and business records; the representative must have knowledge or access to records supporting each factual assertion.

Core elements to include in a professional statement

A complete Legal Statement of Material Facts is organized, numbered, and directly tied to admissible evidence. Each component should be concise and referenced to supporting documents or exhibits.

Caption

Court or matter caption identifying parties, docket number, and jurisdiction so the statement is clearly tied to the proceeding.

Introduction

Brief description of the declarant’s role and the purpose of the statement, including jurisdictional or procedural basis for submission.

Numbered Facts

Discrete, numbered factual assertions written in plain language; avoid argument or legal conclusions in each numbered item.

Exhibit References

Clear citations to exhibits or underlying records (e.g., Exhibit A: Contract dated MM/DD/YYYY) for each asserted fact.

Verification Language

Statement signed under penalty of perjury or sworn affidavit language when required by statute or local rule.

Signature Block

Name, title, signature, and date for the declarant plus contact information and, if applicable, notary acknowledgment or witness lines.

Step-by-step process to prepare and complete the statement

Follow these sequential steps to draft, verify, and file a Legal Statement of Material Facts that meets procedural expectations.

01

Draft facts: Number and write concise factual assertions tied to evidence.
02

Attach exhibits: Label and paginate supporting documents referenced by each fact.
03

Verify formality: Add verification language and confirm signature and notary needs.
04

File and serve: File per court or agency rules and serve opposing parties per local procedure.

Typical eSubmission and review flow

When completing this document electronically, follow a predictable flow to ensure signatures, audit trails, and evidence attachments are preserved.

Upload document: Add the statement draft and attach exhibits as single PDF or clearly labeled files.
Place fields: Insert signature, date, and optional initials; mark exhibit links if platform supports them.
Authenticate signer: Choose appropriate signer authentication (email, SMS code, or stronger) based on sensitivity.
Capture audit trail: Ensure the platform records IP, timestamp, and document history for admissibility.

Recommended digital workflow settings for eSubmission

Configure the signing workflow to match court or agency requirements and to preserve evidentiary metadata.

Field	Configuration
Authentication	Email + SMS code for named signers; KBA for higher assurance.
Template	Save a template with verification language and signature blocks.
Conditional fields	Use conditional display for optional notarization or witness blocks.
Retention settings	Enable audit-trail retention and PDF/A export for records.

Technical considerations for digital completion and exchange

Choose a platform that preserves metadata, supports required authentication, and exports court-ready files.

File formats: PDF and DOCX supported; export signed copies as PDF/A.
Integrations: Integrate with cloud storage and case management systems.
eSignature options: Support for email, SMS, KBA, and RON when notarization is needed.

Verify the chosen platform meets court rules for electronic filings and preserves a detailed audit trail to support admissibility.

Security and compliance features to look for

Encryption in transit: TLS 1.2/1.3

Encryption at rest: AES-256

Audit trails: Timestamps and IP logs

Regulatory coverage: ESIGN and UETA

Healthcare support: HIPAA (BAA required)

Enterprise standards: SOC 2 Type II

Consequences and legal risks of incorrect statements

Perjury exposure: Criminal or civil penalties

Sanctions: Court sanctions or fee shifting

Document rejection: Filing or pleading may be struck

1099 penalties: $60–$330 per form

Intentional disregard: $660+ per form

I-9 violations: $281–$2,789 per violation

Common mistakes to avoid when preparing the statement

Including argumentative or conclusory language instead of factual assertions that can be proven with exhibits.
Failing to attach or paginate exhibits, leaving references in the text that cannot be verified on review.
Using inconsistent dates or names between the statement and cited records, which invites credibility challenges.
Omitting required verification or notarization language when local rules or the filing context demands it.

Practical tips for accurate and efficient completion

Adopt consistent formatting and evidence linkage to streamline review and reduce chance of rejection.

Use numbered, short factual entries

Keep each numbered item focused on a single fact and limit entries to one or two sentences to improve clarity and ease of reference during briefing or oral argument.

Cross-reference exhibits precisely

Reference exhibit identifiers and page ranges; attach a consolidated exhibit index so reviewers can quickly verify each factual assertion.

Confirm signer authority

If a corporate representative signs, include a short statement of authority or corporate resolution to avoid later challenges to capacity.

Preserve metadata when eSigning

Export the signed document as a single PDF with an audit trail and consider PDF/A format for long-term retention and court submission.

Time-sensitive points to keep in mind

Certain documents and supporting filings are subject to fixed deadlines or prompt production obligations; calendar critical dates early.

Provide on request:

Statements often must be produced promptly when requested by opposing counsel or agency.

Court-ordered deadlines:

Adhere to discovery and motion briefing schedules set by court order.

Tax reporting relevance:

If tied to information returns, use IRS deadlines such as Jan 31 for 1099-NEC.

Notarization window:

Some jurisdictions require notarization within a short timeframe of signing.

Retention timeline:

Do not destroy documents while litigation or appeals remain possible.

Milestones from draft to filing

A typical sequence from creation through filing and service looks like the following milestone stages.

01

Draft and cite

Prepare numbered facts and attach evidence; verify citations before review.

02

Internal review

Have counsel or representative confirm accuracy and authority to attest.

03

Sign and notarize

Sign, date, and obtain notarization or witness signatures if required.

04

File and serve

File with the court or agency and serve opposing parties per procedural rules.

Real-world examples where such a statement is critical

These case examples show practical uses across industries and why precision matters.

Real Estate Closing

Tim Martin, Founder, Martin Properties: The example shows how online execution speeds closings.

Tim noted online execution lets him complete required documents remotely and maintain compliance.
In residential closings the statement itemizes condition and defect facts tied to seller disclosures and attached inspection reports, helping clear title issues quickly.

Corporate Dispute

Brian Fitzgibbons, COO, Optica Ventures LLC: The case demonstrates efficient internal signoff.

Brian emphasized simplicity for parties and customers in executing records digitally.
A concise statement summarized transactional facts, referenced contracts, and reduced follow-up discovery by enabling quick verification of core facts for settlement discussions.

Pricing and feature snapshot for common eSignature vendors

Key vendor pricing and feature items to consider for preparing, signing, and retaining Legal Statements of Material Facts.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about execution, eSignatures, and admissibility

Answers to common procedural and technical questions when preparing or eSigning a Legal Statement of Material Facts.

Need help? Contact support

Is an electronic signature legally valid?
Yes. Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided the signature satisfies intent, consent, attribution, and retention requirements.
When is notarization required?
Notarization is required if local court or statutory rules demand a sworn affidavit or acknowledgement; RON may be permitted by state notary law when available.
Do I need a BAA for healthcare records?
Yes. If the statement contains protected health information, use a HIPAA-compliant workflow and execute a Business Associate Agreement with the eSignature provider.
How do I correct a signed statement?
Do not alter a signed document in place; instead prepare an amended statement or errata signed and dated by the declarant and attach it with a clear reference to the original.
Can remote notarization be used?
Many states permit Remote Online Notarization with identity proofing and retained audio‑video; verify your state’s RON rules before relying on it.
How do courts view audit trails?
Courts accept audit trails showing timestamps, IP addresses, and signer authentication as evidence of execution and attribution, improving admissibility of electronic signatures.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now