Verifications and Affidavits in North Carolina Family Court

Signing versus swearing

Every paper you file must be signed. A party without an attorney signs the pleading, motion, or other paper and states their address, and the signature certifies that after reasonable inquiry the paper is well grounded in fact and law and is not filed for an improper purpose such as harassment or delay (Rule 11(a)). A paper signed in violation of the rule can lead to sanctions.

Swearing is a separate step. Except when a rule or statute specifically provides otherwise, pleadings need not be verified or accompanied by affidavit (Rule 11(a)).

What a verification says

When a rule or statute requires a pleading to be verified, the verification must state in substance that the contents are true to the knowledge of the person verifying, except for matters stated on information and belief, which the person believes to be true. The verification is by affidavit of the party (Rule 11(b)). An agent or attorney may verify only in the limited situations in Rule 11(c).

Who can take your oath

G.S. 1-148 lists who is competent to take affidavits for the verification of pleadings and for general purposes: any officer competent to take the acknowledgment of deeds, any judge or clerk of the General Court of Justice, a notary public in or out of the State, or a magistrate. Statewide forms that must be sworn carry a “sworn/affirmed and subscribed to before me” block listing the officials who can take the oath on that form, such as the clerk, an assistant or deputy clerk, or a notary, and on some forms, such as AOC-CV-609, a magistrate.

Sworn statements in custody and support cases

• Child status information. Each party gives the information in G.S. 50A-209(a) under oath, in its first pleading or an attached affidavit. The statewide AOC-CV-609, Affidavit as to Status of Minor Child (Rev. 3/19) is sworn before an official.
• Civil contempt. A motion for civil contempt by an aggrieved party must include a sworn statement or affidavit setting out why the other party should be held in contempt (G.S. 5A-23(a1)). An order to show cause may be issued on the motion and sworn statement or affidavit of a person with an interest in enforcing the order (G.S. 5A-23(a)). The statewide AOC-CV-601, Motion and Order to Show Cause for Failure to Comply with Order in Child Support Action (Rev. 3/09), which asks the court to order a show cause hearing on civil or criminal contempt for not complying with a child support order, is sworn before an official.
• Child support show cause. Upon affidavit of an obligee, the clerk or a district court judge may order the obligor to appear and show cause why the obligor should not be subjected to income withholding or held in contempt, or both (G.S. 50-13.9(d)).
• Interrogatory answers. Each interrogatory is answered separately and fully in writing under oath, unless it is objected to (Rule 33(a)).
• Proof of service. When service is by certified or registered mail, signature confirmation, a designated delivery service, or a person other than the sheriff, the proof described in G.S. 1-75.10(a) is an affidavit (see also Rule 4(j2)). See the service guide.

Affidavits that support a motion

When a motion is supported by affidavit, the affidavit must be served with the motion. Opposing affidavits must generally be served at least two days before the hearing, and if they are late the court may continue the matter, proceed without considering them, or take other action (Rule 6(d)). Whether a judge will decide a contested custody issue on affidavits rather than live testimony depends on the type of hearing and your district’s local rules.

Other statements you may see

• To register a custody order from another state, the person seeking registration gives a statement under penalty of perjury that to the best of their knowledge and belief the order has not been modified (G.S. 50A-305(a)(2)).
• Records of a business that is not a party can be authenticated by an affidavit of the custodian under Rule 803(6) of the Rules of Evidence, with advance notice to the other parties. See the evidence guide.
• When you e-file, you may sign electronically by typing your name preceded by “/s/” (General Rule of Practice 5(b)(3)). That rule is about signatures; it does not replace a notary or other official for a paper that must be sworn.

Primary sources

Statutes, rules, and forms change. Check the current version at the source before you file.

• G.S. 1-148, verification before what officer
• G.S. 1-75.10, proof of service of summons
• G.S. 50A-209, information to be submitted to court
• G.S. 50A-305, registration of child-custody determination
• G.S. 5A-23, proceedings for civil contempt
• G.S. 50-13.9, procedure to insure payment of child support
• Rules of Civil Procedure (G.S. 1A-1), Rules 6, 11, and 33
• Rules of Evidence (G.S. 8C-1), Rule 803(6)
• General Rules of Practice, Rule 5
• AOC-CV-609, Affidavit as to Status of Minor Child
• AOC-CV-601, Motion and Order to Show Cause for Failure to Comply with Order in Child Support Action