Key Takeaway
Court ruling clarifies that affidavits can be notarized on different dates than when drafted, providing flexibility in legal document preparation and execution.
Understanding Notarial Requirements for Legal Documents
Proper notarization is a critical component of legal proceedings, particularly in no-fault insurance cases where affidavits and procedural compliance can make or break a case. A recent appellate decision provides important clarification about the timing requirements for notarial acts, addressing a common source of confusion for practitioners and parties alike.
The question of whether documents must be signed and notarized on the same date they are drafted has practical implications for attorneys managing multiple cases and tight deadlines. This ruling offers welcome flexibility while maintaining the integrity of the notarization process.
Jason Tenenbaum’s Analysis:
Bonavera Acupuncture, P.C. v GEICO Indem. Co, 2013 NY Slip Op 50200(U)(App. Term 2d Dept. 2013)
“The affidavit recited that the affiant was “duly [*2]sworn … under an awareness of the penalties of perjury” and stated that the affidavit was “sworn to before” the notary, who signed and stamped the document.. The law does not require that a document drafted on one date be signed and notarized on that date. Accordingly, on the record presented, we find that the affidavit was in admissible form and should have been considered by the Civil Court”
The world of notarial acts. It was sworn to and executed on a day different than when it was drafted. This is sufficient under the law.
Key Takeaway
Courts will accept properly notarized affidavits even when the document was drafted on a different date than when it was signed and notarized. The critical requirement is that the notarization process itself is properly executed, not that all dates align. This provides practical flexibility for legal practitioners while maintaining document integrity and procedural compliance.
