What is the term for a sworn statement used in New York court practice to support or oppose a motion?

• A. Affirmation
• B. Deposition
• C. Interrogatories
• D. Hearsay

Answer: (A)

In New York court practice, a sworn statement used to support or oppose a motion is called an affirmation. This is the form you use when the signer is not an attorney, and it serves the same purpose as an affidavit—presenting facts under oath to back up or challenge the points in a motion. The signer declares under penalties of perjury that the statements are true, typically by saying “I affirm under penalties of perjury that the foregoing is true.” For non-attorneys, affirmations fill the role of affidavits; attorneys often use affidavits as their sworn statements, with the same authoritative effect.

Deposition is a different discovery process involving live testimony under oath, usually outside the motion itself. Interrogatories are written questions sent to a party as discovery. Hearsay is a rule of evidence about what a person heard others say, not a sworn statement used in motion practice.