Which term refers to the declaration used by counsel in place of an affidavit in New York?

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Study for the New York State Court Assistant Legal Terminology Test. Utilize flashcards and multiple-choice questions, each complete with hints and explanations. Get ready for your exam!

Multiple Choice

Which term refers to the declaration used by counsel in place of an affidavit in New York?

Explanation:
In New York practice, the declaration used by counsel in place of an oath is called an affirmation. An affirmation serves the same legal purpose as an oath—swearing to the truth of the statements—but it uses neutral language rather than religious wording. This is why you’ll see terms like “Affirmation in Support” used instead of “Affidavit in Support.” An oath would involve religious language; an affidavit is a sworn written statement; a verification is a sworn statement that the pleading’s facts are true, but it’s a different mechanism. So the correct term is affirmation.

In New York practice, the declaration used by counsel in place of an oath is called an affirmation. An affirmation serves the same legal purpose as an oath—swearing to the truth of the statements—but it uses neutral language rather than religious wording. This is why you’ll see terms like “Affirmation in Support” used instead of “Affidavit in Support.” An oath would involve religious language; an affidavit is a sworn written statement; a verification is a sworn statement that the pleading’s facts are true, but it’s a different mechanism. So the correct term is affirmation.

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