What type of sworn document can be used to support or oppose motions, typically by a party or witness?

• A. Counterclaim
• B. Third-party complaint
• C. Notice of Appearance
• D. Affidavit

Answer: (D)

An affidavit is a sworn, written statement of facts by a party or a witness, made under oath before an authorized official. It presents the factual basis for the motion, using information within the declarant’s personal knowledge, and is the typical vehicle for supporting or opposing a motion. People attach affidavits to movant papers to show why the court should grant or deny relief, and the opposing side may file an opposing affidavit in response. The sworn nature gives the statements evidentiary weight and subjects the declarant to perjury if the statements are false. By contrast, a counterclaim or a third-party complaint is a pleading asserting new claims, not a sworn statement used to prove or challenge the facts in a motion, and a Notice of Appearance is simply a notice to the court that a party will participate in the case, not evidence.