A declaration is essentially a statement of the facts in a case. A declaration does not include legal arguments, evaluation of the evidence, or case law precedent. Generally, a declaration is used when the issue before the court is procedural and the Office of the General Counsel (OGC) is planning to file a motion in court.

Declarations are most often used in conjunction with a motion to dismiss based on the following procedural technicalities:

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  Untimely filed complaints (see Hearings, Appeals and Litigation Law (HALLEX) manual HA 01430.005);

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  Failure to exhaust administrative remedies (see HALLEX HA 01430.010); and

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  Res judicata (see HALLEX HA 01430.015).

For declarations based on other reasons, see HALLEX HA 01430.020.

Each declaration contains a Court Case Preparation and Review Branch (CCPRB) branch chief's signature. It is prepared in final form for direct filing with the court. All declarations are prepared by CCPRB analysts.

The declaration must accurately and completely reflect the pertinent facts in the record as OGC will not normally have an opportunity to review the declaration together with the claim(s) file. Whenever possible, an analyst will coordinate non-routine declarations with OGC in advance.

After the declaration is affixed with the branch chief's signature, CCPRB staff will route the declaration and any accompanying documentation to OGC and associate a copy of the declaration and exhibits with the claim(s) file. Staff will also note the actions taken in the Appeals Review Processing System.