Affirmations and Sworn Statements in New York Family Court

Affirmation instead of affidavit

In many states a sworn written statement means an affidavit signed in front of a notary. New York's CPLR 2106 provides another route: the statement of any person, wherever made, subscribed and affirmed by that person to be true under the penalties of perjury, may be used in a New York action in place of and with the same force and effect as an affidavit.

The rule lists exceptions: a deposition, an oath of office, and an oath required to be taken before a specified person other than a notary. It also says it does not eliminate any Domestic Relations Law requirement that matrimonial agreements be acknowledged in the form of a deed. Family Court Act § 165 applies the CPLR in Family Court where the Family Court Act does not prescribe a procedure.

The wording CPLR 2106 calls for

The rule says the affirmation shall be in substantially this form:

Where you will see it

• Custody petitions. GF-17, GF-40 and GF-41 each end with a verification in which the petitioner affirms under the penalties of perjury that the statements are true to their own knowledge, except matters stated on information and belief.
• Financial disclosure. Form 4-17 is titled Financial Disclosure Affirmation and ends with an affirmation under the penalties of perjury that the statements are true. Unlike the custody petitions, it has no exception for matters stated on information and belief.

Papers CourtHelp still describes as notarized

The court system's CourtHelp pages still describe some papers as signed in front of a notary:

• The Address Confidentiality Affidavit, used to ask that your contact information be kept from the other side
• The Affidavit of Service, signed by the person who delivered the papers

Ask the clerk which format your court accepts before you sign.

A written statement does not replace witnesses

At a hearing, the judge hears testimony. CourtHelp explains that witnesses come to court to answer questions, and that a witness who will not come voluntarily can be required to come by a subpoena. If someone saw something important, plan for them to testify. See the evidence guide.

Writing the facts

Whatever the format, the court reads the facts, not adjectives. Use dates, places and what you saw or heard. For example, "On March 3, Daniel Reyes did not bring the children to the 6 p.m. exchange at the school" tells the judge more than "he never follows the schedule."