What is an affidavit in opposition?

I have been told to prepare an affidavit in opposition. What is required in such a document?


Answer

See CourtHelp – How to Ask the Court for Something (motions and orders to show cause) – Opposition Papers for an explanation.

Motion procedure follows the court rule 22 NYCRR 202.8 Motion procedure and Civil Practice Law and Rules (CPLR) 2214 Motion papers; service; time

The New York City Smalls Claims Court Forms page  has a sample Affidavit in Opposition Form. The New York County Help Center has released instructions.

Detailed explanation of how to draft opposition and reply papers can be found in the Practical Law Service Publications Motion Practice in New York State Supreme Court: Opposing and Replying to a Motion on Notice  and Motion Practice in New York Supreme Court: Documents and Requirements for a Motion on Notice available in Westlaw in Public Access Law Libraries

 

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  • Last Updated May 19, 2022
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