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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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What document is considered stronger to the court; a Motion

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What document is considered stronger to the court; a Motion or an Affadavit?

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

A motion and affidavit serve different purposes, so typically a person would file both at once. A Motion is a request for the judge to do something, which usually cites the relevant law and procedural background of the case. An affidavit is a sworn statement of relevant facts that pertain to the issue before the court, but it doesn't raise an issue or seek specific relief. An affidavit filed on its own does not ask the judge to do anything and could be rejected. It has to be attached to a Motion. A motion can be considered without an attached affidavit, but the affidavit often makes it stronger.

So, the strongest thing would be to file both together.

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