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An affirmation in opposition, formerly known as an affidavit in opposition, is a kind of court motion. An affidavit is a document that must be signed by a notary to be valid for use in court, whereas an affirmation is signed by you, the litigant, together with a statement that promises the information you've provided is accurate under penalty of perjury. New York state now allows for affirmations to be used for many kinds of court documents that used to require notarization. Other than the difference in how the forms are verified, an affirmation in opposition is the same as an affidavit in opposition. 

When the other party in your court case makes a motion that you disagree with, you can file a written affirmation in opposition to tell the court why you disagree. The other party's motion can limit how long you have to file your affirmation in opposition. Read the motion carefully to see if there is a limit. There is more information about how court motions work, including affirmations in opposition, here.

There are rules for how to file and serve a motion in court in the court rule 22 NYCRR 202.8 on motion procedure, and section 2214 of the Civil Practice Law and Rules on motion papers.

You can see an example of a blank Affirmation in Opposition form from New York City Civil Court here. If you want to use this form in a different court, you must change the caption at the top to show the court where your case is filed. There are detailed instructions from New York County Supreme Court on filing affirmations in opposition here.  

There are also resources you can use to help you write an affirmation in opposition at your closest public access law library:

• Westlaw

  •  Motion Practice in New York State Supreme Court: Opposing and Replying to a Motion on Notice  

  • Motion Practice in New York Supreme Court: Documents and Requirements for a Motion on Notice

• Lexis

  • LexisNexis Answer Guide New York Civil Litigation, Ch 3 Responding to Initial Pleadings  and the online publication from Practical Guidance, 

  • Civil Litigation Fundamentals Resource Kit (NY) (online publication from Practical Guidance)