Legal Question in Business Law in New York
The Plaintiff�s attorney just filed some documents with the court in a civil proceeding, included with this filling was a signed Affidavit by the Plaintiff, which was signed and notarized nearly 4 months ago. This affidavit has a case index number and the heading with description of Plaintiff�s versus the description of the Defendant. The affidavit�s content is just general statements and opposing responses to statements that have been made in a deposition.
The questions, below are asked based on that some time has paced since the affidavit was generated and is now being filed.
Was this affidavit suppose to be filed with the court 4 months ago, when it was generated, signed and notarized?
Should have a copy been served at that time the affidavit was generated, signed and notarized upon the defendant by email, mail, certified mail, overnight mail etc.?
1 Answer from Attorneys
No and No. Plaintiff's attorney probably served the affidavit in connection with a motion, and it's the timing of the motion, not the signing of the affidavit, that governs when papers are served.
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