Notarized affidavits
The Supreme Court publicly reprimanded an attorney for presenting notarized affidavits at a temporary hearing in family court, for which the affiants had not appeared or signed in the presence of the attorney. The attorney notarized the documents and stated that he had confirmed the signatures of each affiant by telephone.
There are not many occasions in criminal practice when affidavits are used in lieu of live testimony, but this opinion nevertheless serves as a reminder of the importance of understanding a notary's obligations - every attorney, or their staff, notarizes documents of some kind, whether it is affidavits of service, affidavits not to prosecute in criminal cases, or affidavits submitted to the court in a family practice.
