I-4-3-1.Declarations — General

Last Update: 1/13/17 (Transmittal I-4-63)

A. Purpose

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:

  • Untimely filed complaints (see Hearings, Appeals and Litigation Law (HALLEX) manual I-4-3-5);

  • Failure to exhaust administrative remedies (see HALLEX I-4-3-10); and

  • Res judicata (see HALLEX I-4-3-15).

For declarations based on other reasons, see HALLEX I-4-3-20.

B. General Procedures

The declaration is signed by a branch chief (or designee) in the Court Case Preparation and Review Branch (CCPRB). It is prepared in final form for direct filing with the court. Generally, CCPRB staff prepare routine “untimely filed” declarations and submit the declaration to the branch chief for review. All other declarations are prepared by CCPRB analysts.

The declaration must accurately and completely reflect the pertinent facts in the record as OGC and the United States attorney 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 branch chief signs the declaration, 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.