Saturday, January 4, 2014

Does a response to opposing counsels petition require an affidavit of service?

Q:  My wifes attorney filed a petition in NY family court. I being pro se sent the court my response to his petition, and i sent him a copy of my response. Do i need any proof of service that i sent him a copy or any other document needing a notary public to sign? Is a fax transmission report or email proof that he received it?

A:  David's Answer:  As I stated in my prior reply to your posting, any "Answer to a Petition" or "Reply to a Motion" needs a notarized affidavit, as well as a notarized affidavit of service. Failure to submit same is grounds for the Judge to disregard it. All the more reason, if you are not sure of proper procedure, to (at the least) schedule a consultation with a Rockland/Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (

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