The New York Affidavit in Support (CIV-GP-121) is a form used in New York state courts to support a particular order, motion, or other request. It is a sworn statement made by an affine, or someone who has knowledge of the facts in question, attesting to the truthfulness of the facts set forth in the affidavit. The purpose of the affidavit is to provide additional evidence or information to the court that would otherwise be unavailable. The affidavit is notarized and signed by the affine in the presence of a notary public. There are two types of New York Affidavit in Support (CIV-GP-121): the Verified Affidavit in Support and the Unworn Affidavit in Support. A Verified Affidavit in Support is a sworn statement that is signed by the affine under the penalty of perjury and attests to the truthfulness of the facts set forth in the affidavit. An Unworn Affidavit in Support is a sworn statement that is signed by the affine but does not require an oath or affirmation and does not attest to the truthfulness of the facts set forth in the affidavit.
New York Affidavit in Support (CIV-GP-121)
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You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.
(Proof of Service) (NY) This affirmation of service of interlocutory documents (NY) is a standard template that attorneys can use to prove service of an interlocutory document (other than the initial summons and complaint) in a civil action in New York Supreme Court.
Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.
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The order, together with the notice of settlement, must be served and presented to the court within sixty (60) days of the justice's decision. The party settling the order must also submit an original affidavit of service showing the proposed order and notice of settlement were served on all other parties to the case.
In the Supreme, County and City Courts, the Affidavit of Service must be filed by 20 days or less from the date the papers were left or mailed whichever is later. Service is finished 10 days after the filing and the defendant's time to Answer starts to run.
Requirements for Contempt of Court There must be a clear order from the court in place. The person in question knew about the order, even if it was not formally served to them by a process server. The person has disobeyed the order, either by ignoring it or by purposefully acting in opposition to the order.
Making an Order to Show Cause An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision.