Legal Definitions - counteraffidavit

A counteraffidavit is a sworn written statement submitted in response to an earlier affidavit. Its purpose is to dispute the claims made in the initial affidavit, present an opposing perspective, or provide additional facts that challenge the original statement. Like any affidavit, it must be signed under oath or affirmation, meaning the person signing it attests to the truthfulness of its contents, often before a notary public or other authorized official.

Here are some examples to illustrate how a counteraffidavit is used:

• Example 1: Property Damage Dispute

  Imagine a tenant is moving out of an apartment. The landlord files an affidavit claiming the tenant caused significant damage to the property, such as a large hole in the wall and stained carpets, and seeks to withhold the security deposit. In response, the tenant can submit a counteraffidavit. This counteraffidavit might state that the hole was pre-existing and documented in the move-in inspection report, and that the carpet stains were minor wear and tear, not excessive damage. The tenant would swear under oath that their statements are true, directly challenging the landlord's claims.

  This illustrates a counteraffidavit because the tenant's sworn statement directly opposes and refutes the specific allegations made in the landlord's initial affidavit.

• Example 2: Child Custody Modification

  Consider a situation where one parent files an affidavit with the court, requesting a change in a child custody agreement. This parent might claim that the other parent is consistently late for pickups, creating instability for the child. The other parent can then file a counteraffidavit. In their sworn statement, they might explain that the delays were due to unavoidable work emergencies, provide evidence of their punctuality on other occasions, and assert that the current arrangement is stable and in the child's best interest. They are presenting their side of the story under oath to counter the initial claims.

  This demonstrates a counteraffidavit as one parent uses a sworn statement to directly challenge the factual assertions and conclusions presented by the other parent in their original affidavit, providing an alternative narrative to the court.

• Example 3: Business Contract Dispute

  Suppose a small business owner files an affidavit alleging that a supplier failed to deliver goods on time, causing financial losses, and seeks compensation. The supplier, in turn, can submit a counteraffidavit. This counteraffidavit might state that the delay was due to unforeseen circumstances explicitly covered by a "force majeure" clause in their contract, or that the business owner provided incorrect delivery instructions. The supplier would swear to the truth of these facts, presenting a defense against the business owner's claims.

  This is an example of a counteraffidavit because the supplier's sworn statement directly responds to and disputes the allegations of breach of contract made by the business owner, offering an alternative explanation or defense.