N.Y. Civil Practice Law and Rules 4531 – Affidavit of service or posting notice by person unavailable at trial
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Rule 4531. Affidavit of service or posting notice by person unavailable at trial. An affidavit by a person who served, posted or affixed a notice, showing such service, posting or affixing is prima facie evidence of the service, posting or affixing if the affiant is dead, mentally ill or cannot be compelled with due diligence to attend at the trial.
Terms Used In N.Y. Civil Practice Law and Rules 4531
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.