Legal Question in Family Law in Michigan

Re: Sworn Affidavit

An affidavit is not an answer to a motion. What you do, is take every paragraph of the opposition's motion and answer it. Sometimes a brief on the law is helpful. Bill Stern 248-353-9400

Re: Sworn Affidavit

Sworn affadavits CAN be part of a motion response and are a way of getting evidence before a judge with respect to motions. Motions and accompanying briefs are NOT evidence,--they are taken as mere argument.

So, when an attorney or party wants to have the room to present facts (particularly when they know the judge will have no patience for live testimony), they use affadavits. Judges don't have to believe what is in them, but they can take the place of testimony.

Make sure your affadavit is purely factual, and attach any documents that are referenced to the affadavit itself. The copy submitted to the court must be notarized; the copy to opposing parties/counsel should also be notarized.