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  • Affidavit That is Not Sworn

    I received a Notice of Motion today by regular mail and after reading it thouroughly I see on the last page that my ex has signed it but it has not been sworn. It was sent to me in the mail by his lawyer. Is this affidavit for real and can it even be filed into the courts seeing that it was not even sworn?

  • #2
    Are you talking about an affidavit (form14) ? If so that has to be sworn.
    The notice of motion is a different form and I don't think (not 100% sure) that it has to sworn. They are two different things.

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    • #3
      The Form 14: Notice of Motion is signed by "Signature of person making this motion or of person's lawyer"
      The Forms 14A: Affidavit (General) is signed by my ex but not signed by "Commissioner for taking affidavits." This line is blank, so my understanding is that my ex's Sworn Affidavit is not actually sworn. What are the ramifications of this?

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      • #4
        I would think it is a minor issue.
        Most likely they mixed up copies that were sent to you.
        A clerical error from the lawyers legal assistant, or some such thing.

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        • #5
          If it is not sworn and stamped then it is just a letter. Respondent tried that crap this week against a friend of mine with a "letter" from his monster in law and it went no where. An affadavit is a sworn statement hat is instead of the person actually testifying. He was told to have the person actually testify to the crap he had her write in a letter and he writhdrew his application...don't fall for it.l

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          • #6
            Originally posted by momto3 View Post
            The Form 14: Notice of Motion is signed by "Signature of person making this motion or of person's lawyer"
            The Forms 14A: Affidavit (General) is signed by my ex but not signed by "Commissioner for taking affidavits." This line is blank, so my understanding is that my ex's Sworn Affidavit is not actually sworn. What are the ramifications of this?
            Ask the opposition to re-serve a sworn/affirmed version to you, and ask that via a served letter so you have proof of request if you ever need it. None of this prevents the motion from being heard, it only means that the Affidavit is not admissible as written evidence at trial. Unless the motion is of incredibly large import, nothing generally turns on it not being sworn.

            Alternately, you can go to the court house and view the filed copy. If a sworn copy is on file compare it to yours. if they are different you can get the motion killed; if they are the same then just skip the issue.

            FG

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