Bailey Funeral Home Inc. v. Archambeault
A document that is only acknowledged by a notary public, and that is not verified upon oath or affirmation, may not qualify as an affidavit. The plaintiff, Bailey Funeral Home Inc., sued the defendant, alleging that he failed to pay funeral expenses. Previously, the plaintiff moved for summary judgment, and the court denied the motion, because the plaintiff failed to file any documents in support. The plaintiff filed another motion for summary judgment and filed a document in support that purported to be an "affidavit." Carlos Novelli signed the "affidavit" in the State of Florida. Carlos Novelli's signature in the State of Florida raised a question about his agency relationship with the plaintiff in Plainville, Conn. and whether Novelli possesses firsthand information. The court found that the plaintiff failed to file a proper affidavit, because the document was only acknowledged by a notary public and was not verified upon oath or affirmation. To create an affidavit, an affiant must "swear to the truth of the document or writing before any proper officer," pursuant to Connecticut General Statutes §1-24. An oath signifies the obligation "to speak the truth at a time [that] may deeply affect the rights and the character of individuals," pursuant to State v. Grant, a 1978 decision of the Connecticut Supreme Court. The court denied the plaintiff's motion for summary judgment.