Notarization of Affidavit

**maybelle** · 12-20-2009, 11:50 AM

My question involves court procedures for the state of: New York

I am currently involved in a civil case in New York City (NY County). I am a NY County (Manhattan) resident. I am visiting relatives out of state in Pennsylvania this week.

I need to have an affidavit of opposition notarized and mailed to the opposing side's lawyers this week.

Can I have the affidavit notarized by a notary in Pennsylvania (i.e. one who is licenced in PA), or do I need to use a notary in New York since it is a NY case and I am a NY resident?

**KeyWestDan** · 12-20-2009, 02:07 PM

The state makes no difference. A notarization is just a confirmation of your signature. It makes no difference what notary does it. It also has nothing to do with the content. Answers do not have to be sworn to nor does anything else filed in a civil case, generally speaking.

What exactly is an "affidavit of opposition"?

I have never heard of such a thing. You get served with a complaint and summons. You must file an answer to the complaint. Your signature generally does not have to be notarized. You can oppose a discovery demand, but that is about the only thing there can be opposition to.

Affidavits of any kind are generally not admissible in a court of law anyway. They are hearsay and meaningless. There is a common misconception that an affidavit can be used in court rather than having the person appear. This is NOT truth. They are worthless. Not even a deposition under oath with a court reporter is admissible, except for impeachment of the person's testimony. If the person is dead, perhaps it is admissible then.