How to Fill Out California Form MC-031 (w/Examples) + FAQs

California Judicial Council Form MC-031, titled Attached Declaration, is a one-page continuation form you use to add extra sworn statements to another court form when the parent form runs out of space. You sign it under penalty of perjury under California Code of Civil Procedure §2015.5, and it must be attached to a primary pleading, motion, or application that the court has already authorized.

Roughly 4.6 million civil cases are filed in California trial courts each year according to the Judicial Council Court Statistics Report, and a large share of those filings rely on attached declarations to add facts, exhibits, or argument that will not fit in the small text boxes on the parent form. A defective MC-031 can sink an otherwise strong motion, so getting each line right matters.

Here is what you will learn in this guide:

• 📝 How to fill in every box on Form MC-031 line by line
• ⚖️ Which California statutes and Rules of Court control the form’s format
• 👥 Three named real-world examples covering small claims, family law, and unlawful detainer
• 🚫 The seven biggest mistakes that get declarations stricken or ignored
• 💡 Do’s, Don’ts, Pros, Cons, and FAQs you can act on today

What Form MC-031 Is and Why It Exists

Form MC-031 is the official Attached Declaration approved by the California Judicial Council for use across nearly every civil case type. The current revision is dated January 1, 2009, and it remains the controlling version under the California Rules of Court 1.31, which governs mandatory and optional Judicial Council forms. The form is optional, meaning you can use plain pleading paper instead, but most courts and clerks prefer MC-031 because it is preformatted to match court filing standards.

The form exists because most Judicial Council forms have very little blank space. When a litigant needs to add facts, explanations, or legal argument that exceeds the box on the parent form, the rules require those statements to be made under oath. MC-031 supplies that oath in a clean, court-recognized format. Without an attached declaration, free-floating handwritten pages may be rejected by the clerk under local filing rules.

A plain-English explanation: MC-031 is the legal version of an extra sheet of notebook paper, except every word on it is a sworn statement. The consequence of skipping it is real: the court can disregard any factual claim that is not under penalty of perjury, as confirmed in the Kulshrestha v. First Union Commercial Corp. decision, where the California Supreme Court held that a declaration missing the proper perjury language is not competent evidence. A common misconception is that signing the parent form covers the attached pages too, but that is not true unless the attachment is properly incorporated and re-sworn.

Statutory and Rule Foundations

The legal backbone of MC-031 is Code of Civil Procedure §2015.5, which authorizes unsworn written statements to substitute for affidavits when they include the magic perjury language and identify the place of execution. The form already has this language preprinted, which is why courts trust it. California Rule of Court 2.100 through 2.119 governs paper format, font, and margins, and MC-031 is designed to comply with all of those technical rules out of the box.

Federal law does not control state court filings, but federal courts sitting in California recognize properly executed §2015.5 declarations under Federal Rule of Civil Procedure 56(c)(4) when supporting summary judgment. The consequence of using a non-compliant form in federal court is the same: the declaration may be struck. A real example is Garcia v. Stoneledge, where a state-court declaration was rejected on removal because the signer omitted the city of execution.

Anatomy of Form MC-031: Line-by-Line Walkthrough

The MC-031 form has a familiar Judicial Council layout: a caption block at the top, a body in the middle for your sworn statements, and a signature block at the bottom. Every section has a specific purpose, and each blank you leave or fill in has direct legal consequences. Read the instructions inside the official MC-031 PDF before you start typing.

The Caption Box (Top of Page)

The top-left caption box requires your name, address, telephone number, State Bar number if you are an attorney, and the party you represent. If you are self-represented, write “In Pro Per” in the attorney-for line. The consequence of a missing or wrong address is real: the court mails notices to whatever you write here, so a typo can cause you to miss hearings.

The caption also requires the name and street address of the court, the case caption (parties), and the case number. These must match the parent form exactly. A real-world example: when Maria Lopez filed an MC-031 in a Los Angeles unlawful detainer case but used the Stanley Mosk courthouse address instead of the Norwalk branch where her case was venued, the clerk rejected the filing for two days, almost making her miss her response deadline.

A common misconception is that the caption is optional or can be summarized. It is not. California Rule of Court 2.111 requires every filed paper to carry a complete caption.

The Title Line: “Attached Declaration”

Just below the caption, the form is titled ATTACHED DECLARATION. You do not need to retype this; it is preprinted. You will, however, need to indicate which form it is attached to. The form provides a check box and short blank where you identify the parent document. The consequence of leaving this blank is that the court cannot tell which motion or pleading your declaration supports, and may disregard it.

Examples of parent forms include MC-030 (Declaration), SC-100 (Plaintiff’s Claim, Small Claims), FL-150 (Income and Expense Declaration), UD-100 (Complaint – Unlawful Detainer), and DV-100 (Request for DV Restraining Order). Each parent form has its own substantive rules, but MC-031 plugs into all of them.

The Body: Numbered Paragraphs

The middle of the form is mostly blank space for your sworn statements. The Judicial Council expects you to write numbered paragraphs in the body. Each paragraph should be a single, focused factual statement. The consequence of running paragraphs together is confusion: opposing counsel can object that the declaration is narrative and ask the court to strike it.

Use present tense and the first person. Write “I saw the contract on June 1, 2026” rather than “the contract was seen.” Avoid hearsay, opinions, and legal conclusions unless you are a qualified expert. A common misconception is that you can attach exhibits inside MC-031; you can reference them (“a true and correct copy is attached as Exhibit A”) but the actual exhibit pages should be separate, properly tabbed attachments.

The Signature Block

At the bottom, the form contains the §2015.5 perjury language: “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” Below that you write the date, the city and state where you sign, your printed name, and your handwritten signature. Each blank matters. The consequence of skipping the city of execution is that out-of-state declarations may be rejected because the perjury statute requires location proof.

A real example is the Kulshrestha ruling: a Texas-signed declaration without the in-California language was thrown out, costing the party its summary judgment opposition. A common misconception is that an electronic signature is not allowed. It is, under California Rule of Court 2.257, provided the e-filing portal authenticates the signer.

Step-by-Step Filling Guide

This section walks you through the form blank by blank. Open the fillable MC-031 PDF on your screen as you read so you can fill it in alongside the explanation. Use a black or blue pen if you are filling in by hand.

Step 1: Heading and Court Identification

Start at the very top. In the box marked Attorney or Party Without Attorney, type your full name, mailing address, phone, fax (if any), email, and State Bar number if you are an attorney. Write In Pro Per on the Attorney For line if you are self-represented. The consequence of an incomplete heading is that the court may not have a way to reach you, and could enter default or dismiss for failure to prosecute.

Move to the Superior Court of California, County of line. Write the correct county. Then write the Street Address, Mailing Address, City and Zip Code, and Branch Name of the courthouse exactly as they appear on the California Courts directory.

Step 2: Case Caption and Number

In the Plaintiff/Petitioner and Defendant/Respondent lines, copy the names exactly as they appear on the parent pleading. Even punctuation matters: “Smith, Jane” is not the same as “Jane Smith” in many e-filing systems. The consequence of mismatched names is that the e-filing portal may bounce your document.

Then copy the Case Number from the parent form. Never invent or estimate a case number. If you do not yet have one because the case is being filed for the first time, leave it blank and the clerk will assign one.

Step 3: Identify the Parent Form

Look for the line on MC-031 that reads “Attachment to:” (or similar wording on the optional version). Write the exact form number and title of the parent document, such as MC-030 (Declaration) or FL-150 (Income and Expense Declaration). Then identify the paragraph number on the parent form that you are continuing. The consequence of failing to cross-reference is ambiguity: the judge will not know whether your declaration supplements paragraph 3 or paragraph 11.

Step 4: Draft the Body Paragraphs

Number each paragraph (1, 2, 3 …). Keep each paragraph to one factual idea. State personal knowledge facts only, unless you have a foundation for an exception under the California Evidence Code §702. The consequence of including hearsay or speculation is that the opposing side can move to strike, and the judge will likely grant the motion.

Tie every fact to a date, location, and source of knowledge. For example: “On March 14, 2026, I personally delivered the lease renewal to the defendant at 123 Main Street, Sacramento.”

Step 5: Sign and Date

At the bottom, write the date you sign. Then write the city and state where you are physically located when signing. Print your name and sign on the signature line. If you are e-filing through TurboCourt or File & ServeXpress, follow the portal’s e-signature workflow.

Three Real-World Scenarios

Below are three of the most common situations where Californians use MC-031. Each table shows a litigant action and the direct legal consequence so you can see how the form works in practice.

Scenario 1: Small Claims Plaintiff Adds Facts to SC-100

Plaintiff Action	Court Consequence
Daniel Reyes attaches MC-031 to SC-100 listing eight invoices and dates	Judge has admissible sworn proof of each unpaid charge
Daniel forgets to number paragraphs and bundles facts together	Defendant objects as narrative; judge skims and discounts weight
Daniel signs in Reno, Nevada without the §2015.5 California language	Declaration excluded; Daniel must testify live or lose the claim

Scenario 2: Family Law Parent Expands FL-150 Income Disclosures

Parent Action	Court Consequence
Aisha Bennett attaches MC-031 to FL-150 explaining 1099 gig income	Court calculates accurate guideline child support under Family Code §4055
Aisha omits exhibit references for bank statements	Judge cannot verify the numbers; may impute income instead
Aisha signs digitally via e-filing portal	Filing accepted under California Rule of Court 2.257

Scenario 3: Unlawful Detainer Defendant Explains Habitability Defense

Tenant Action	Court Consequence
Marcus Wallace attaches MC-031 to UD-105 detailing mold and code violations	Affirmative defense properly pled under Civil Code §1941.1
Marcus attaches photos directly inside MC-031 instead of as exhibits	Clerk rejects filing; trial postponed
Marcus signs without printing his name	Judge questions authenticity; declaration carries less weight

Common Mistakes to Avoid

Even attorneys make mistakes on MC-031. Here are the most common errors and the negative consequence of each. Avoiding these will save you a rejected filing or a lost motion.

• Forgetting the perjury language location: The form preprints the language, but if you retype it on plain paper, you must include the city and state of signing. The consequence is the declaration is not competent evidence.
• Using legal conclusions instead of facts: Writing “the defendant breached the contract” is a conclusion. The consequence is the court ignores the statement.
• Including hearsay: “My friend told me she saw the accident” is hearsay. The consequence under Evidence Code §1200 is exclusion.
• Signing before drafting all paragraphs: A signed but blank-bottom form invites tampering allegations. The consequence is loss of credibility and possible sanctions.
• Wrong case number or court branch: The clerk’s office cannot route the filing. The consequence is delay, sometimes past a deadline.
• Using staples or non-standard paper: California Rule of Court 2.103 requires 8.5×11 paper, two-hole punched at the top. The consequence is rejection at intake.
• Failing to serve the declaration: A filed but unserved declaration violates Code of Civil Procedure §1005. The consequence is the court refuses to consider it.
• Attaching exhibits inside the declaration body: Exhibits should be separate. The consequence is clerk rejection or judge confusion.
• Mixing argument with facts: Argument belongs in a memorandum of points and authorities, not in a sworn declaration. The consequence is a motion to strike.

Do’s and Don’ts

Practical etiquette for MC-031 saves headaches. Use this list before you sign.

• Do number every paragraph because numbered paragraphs let opposing counsel and the judge cite specific facts.
• Do state personal knowledge because §2015.5 declarations require firsthand information unless an exception applies.
• Do double-check the parent form number because cross-referencing the wrong form misleads the court.
• Do keep each paragraph short because short paragraphs read better and are harder to attack as narrative.
• Do print and sign in blue ink if filing in paper because blue ink helps clerks distinguish originals from copies.
• Don’t attach exhibits inside the body because exhibits belong as separately tabbed attachments.
• Don’t speculate or guess because speculation is excluded under Evidence Code §702.
• Don’t include argument because argument belongs in a memorandum of points and authorities.
• Don’t sign in another state without including California language because §2015.5 requires it.
• Don’t forget to serve copies because unserved declarations violate due process.

Pros and Cons of Using MC-031

Form MC-031 is widely used because it is convenient, but it is not always the best option. Here is a balanced look.

• Pro: Preformatted to comply with California Rule of Court 2.100 so you do not need custom pleading paper.
• Pro: Includes the §2015.5 perjury language so you cannot accidentally omit it.
• Pro: Familiar to clerks and judges, which speeds intake and reading.
• Pro: Free to download from the California Courts website.
• Pro: Compatible with major e-filing portals statewide.
• Con: Limited writing space because the form is one page, which forces extra MC-031 sheets for long declarations.
• Con: Cannot hold exhibits, so you still need separate exhibit pages.
• Con: Optional, so some judges may prefer custom pleading paper for complex motions.
• Con: Old revision date (2009) means the design feels dated and is not very mobile-friendly.
• Con: Easy to misuse for argument, leading to strike motions if drafters get sloppy.

Filing, Service, and E-Filing Rules

Once your MC-031 is signed, you must file the original with the court and serve a copy on every other party. Filing rules live in California Rule of Court 2.250 through 2.261, which set the e-filing standards every superior court must follow. Many courts now require e-filing for represented parties, while self-represented litigants can file in paper or electronically.

Service rules come from Code of Civil Procedure §1010 and §1013. The consequence of filing without serving is the same as not filing at all: the court may not consider the document. A real example is Priya Patel, who filed a beautiful MC-031 in a Santa Clara civil harassment case but forgot to serve the respondent. The judge declined to consider any of her sworn facts at the hearing, and Priya had to refile and continue the case 21 days.

A common misconception is that filing through an e-portal automatically serves the other side. It does not, unless you affirmatively choose electronic service and the other party has consented or been court-ordered to e-service under Code of Civil Procedure §1010.6.

Local Court Variations

Although MC-031 is a Judicial Council form, individual courts add local rules. Los Angeles Superior Court Local Rule 3.3 requires courtesy copies for many motions, while San Francisco Superior Court mandates e-filing for civil cases. The consequence of ignoring local rules is rejection or sanctions.

A real example is Henry Cho, who filed a flawless MC-031 in San Francisco but submitted it on paper after the e-filing mandate took effect. The court rejected the filing and ordered him to pay a $50 administrative fee. The misconception that “the form is statewide so local rules don’t apply” is dangerous; always check the local rules before you file.

Special Considerations for Confidential Filings

Some MC-031 declarations contain sensitive information, especially in family law and domestic violence matters. Use Form MC-125 (Confidential Information Form) when needed, and redact under California Rule of Court 1.201. The consequence of failing to redact is public exposure of Social Security numbers or financial accounts, which may trigger fee waivers, sanctions, or identity-theft liability.

Key Entities Involved

Understanding who’s who helps you direct your declaration to the right audience. Each entity below plays a specific role in the MC-031 lifecycle.

• Judicial Council of California: Creates and updates the form under Government Code §68150.
• Superior Court Clerk: Reviews intake for compliance with formatting rules and stamps the filing.
• Trial Judge: Reads the declaration as evidence at hearings.
• Opposing Counsel or Party: Receives a served copy and may object or move to strike.
• California Rules of Court Committee: Drafts the technical formatting requirements.
• State Bar of California: Disciplines attorneys who knowingly submit false declarations.
• California Supreme Court: Issued Kulshrestha v. First Union Commercial Corp., the leading case on declaration sufficiency.

These entities work together: the Judicial Council writes the form, the clerk processes it, the judge weighs it, and the Supreme Court polices its quality. The consequence of misusing the form ripples through this chain, often costing time, money, and credibility.

Comparing MC-031 to Related Forms

Many Californians confuse MC-031 with other declaration-related forms. The table below sorts them out so you can pick the right one.

Form Number	Primary Purpose
MC-030	Standalone declaration (Form MC-030) used when no parent form exists
MC-031	Attached continuation declaration that piggybacks on a parent form
MC-025	Attachment for non-sworn continuations of pleadings
MC-040	Notice of Change of Address for case contact updates
POS-030	Proof of Service by Mail used to document service of MC-031

The consequence of using MC-025 (non-sworn) when MC-031 (sworn) is required is that the court will treat your facts as un-sworn and disregard them. A common misconception is that MC-030 and MC-031 are interchangeable; they are not, because MC-030 is a standalone sworn statement, while MC-031 is a continuation.

Recap of Relevant Court Rulings

California appellate courts have shaped how MC-031 must be drafted. Three rulings stand out for their lasting impact on declaration practice.

In Kulshrestha v. First Union Commercial Corp. (2004) 33 Cal.4th 601, the California Supreme Court held that a declaration signed outside California must affirmatively state it was made under California law to satisfy §2015.5. The consequence of Kulshrestha is that out-of-state signers must include the magic California-perjury language verbatim. A common misconception was that any U.S. perjury oath satisfies the rule; this case rejected that view.

In Sweetwater Union High School Dist. v. Gilbane Building Co. (2019) 6 Cal.5th 931, the Supreme Court clarified that declarations may rely on attached documents to authenticate evidence in anti-SLAPP motions. The consequence is that MC-031 declarations referencing exhibits gained more flexibility in motion practice. The misconception that exhibits must be hand-authenticated through live testimony was put to rest.

In Estate of Bonzi (2013) 216 Cal.App.4th 1085, the Court of Appeal stressed that declarations must be based on personal knowledge and that conclusions are not substitutes for facts. The consequence of Bonzi is that judges aggressively strike paragraphs that contain only legal conclusions or speculation. The misconception that a sworn signature alone fixes any content problem is wrong; quality of the facts matters.

Tips for Self-Represented Litigants

If you are filing without an attorney, MC-031 can feel intimidating. Use the Self-Help Center at your local courthouse, and read the California Courts self-help guide on declarations. The consequence of guessing instead of researching is that even small errors can derail an otherwise valid claim.

Practice your statements out loud before writing. If you cannot say something with certainty, do not put it in a declaration. A real example is Yolanda Park, who reread her draft and noticed she had written “the landlord must have known about the leak.” She replaced it with what she actually saw: “On July 12, 2025, I showed the landlord the wet ceiling and he said, ‘I’ll fix it next week.’” That edit converted a speculative conclusion into admissible personal-knowledge testimony.

A common misconception is that more words equal a stronger declaration. The opposite is true: tight, specific, factual paragraphs almost always outperform long, rambling ones. Judges reward clarity.

Frequently Asked Questions

Is California Form MC-031 mandatory?

No. MC-031 is an optional Judicial Council form, but most courts and clerks prefer it because it preformats the §2015.5 perjury language and matches statewide filing standards.

Can I sign MC-031 outside California?

Yes. You can sign anywhere, but you must include the city and state of signing and reference California penalty-of-perjury law to satisfy Kulshrestha v. First Union Commercial Corp. and §2015.5.

Does MC-031 need to be notarized?

No. California declarations under §2015.5 are sworn under penalty of perjury and replace notarized affidavits in nearly every state-court context, except for specific filings like deeds or out-of-state notarial requirements.

Can a minor sign Form MC-031?

Yes. A minor with personal knowledge can sign a declaration, although a guardian ad litem may need to be appointed in many proceedings to authorize the minor’s participation in the lawsuit.

Can I e-file MC-031?

Yes. Most California superior courts accept e-filed MC-031 declarations through approved vendors, provided you follow California Rule of Court 2.257 for electronic signatures.

Do I need a separate MC-031 for each parent form?

Yes. Each MC-031 must reference one specific parent form and paragraph, so if you are continuing two different forms, prepare a separate MC-031 for each one.

Can I attach photos or documents inside MC-031?

No. Exhibits should be separately tabbed and authenticated within the declaration text, not embedded in the body of the form, to avoid clerk rejection or evidentiary objections.

Will the court strike MC-031 if it contains hearsay?

Yes. Opposing parties can move to strike hearsay paragraphs under Evidence Code §1200, and judges routinely grant those motions on a paragraph-by-paragraph basis.

Can attorneys sign MC-031 on behalf of clients?

No. Only the person with personal knowledge of the facts may sign, because §2015.5 requires the declarant to swear from his or her own knowledge, not through an agent.

Is there a fee to file MC-031?

No. Filing the declaration itself is free, although the underlying parent motion or pleading may carry a court fee that the clerk collects when you file.

Can I amend a filed MC-031?

Yes. You can file a corrected or supplemental MC-031 before the hearing, and you should serve all parties with the new version to avoid waiver or surprise objections.

What happens if I lie on MC-031?

No lie is harmless. False statements expose you to perjury prosecution under Penal Code §118, civil sanctions, and possible loss of your case on the merits.