Supreme Court of the State of New York Kings County
Overview of Affidavits
Affidavits are the most commonly used source of proof in New York motion practice. An affidavit is a statement subscribed to and sworn by a person authorized to do so, usually a notary public.
Affidavit Should be Based on First Hand Knowledge Wherever Possible
Form of Affidavit
New York rules of practice do not proscribe the form of affidavits. However, as a matter of custom, affidavits generally begin with a statement of the state, county and city in which the affidavit is made, followed by an opening statement that the affiant (who would be identified by name) "being duly sworn, states as follows".
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