The minimum that an affidavit must contain

Affidavits serve as crucial evidence in New York litigation, but their effectiveness depends entirely on proper form and execution. Courts regularly scrutinize these sworn statements to ensure they meet basic legal requirements, and even minor defects can render them inadmissible. Understanding the minimum standards for a valid affidavit can save attorneys and litigants from costly procedural errors that might derail their cases.

The New York Appellate Division, Second Department, recently clarified these requirements in a decision that provides helpful guidance for practitioners. This ruling demonstrates how courts evaluate affidavit form and what elements are absolutely necessary for acceptance. For attorneys handling summary judgment motions or other proceedings requiring sworn testimony, these standards are particularly important to understand.

Jason Tenenbaum’s Analysis:

Furtow v Jenstro Enters., Inc., 2010 NY Slip Op 05987 (2d Dept. 2010)

“Here, Ching submitted an affidavit which recited that he was “duly sworn” and contained a jurat stating that the affidavit was “sworn to before” a notary public, who signed and stamped the document. On the record presented here, the form of the affidavit was adequate (see Sirico v F.G.G. Prods., Inc., 71 AD3d 429; Sparaco v Sparaco, 309 AD2d 1029, 1030; Feinman v Mennan Oil Co., 248 AD2d at 504; Collins v AA Truck Renting Corp., 209 AD2d at 363).”

The affidavit at a minimum must say this: John Doe, DULY SWORN….

Sworn to before

notary public

Key Takeaway

New York courts require affidavits to contain specific language stating the affiant was “duly sworn” and include proper notarization with a jurat indicating the document was “sworn to before” a notary public. While courts may allow clarifying affidavits when defects exist, meeting these minimum requirements from the start ensures admissibility and avoids potential delays in litigation.