Document Requirements

Documents under Oath  
Sometimes when you file Motions or responses to Motions with court, you may say things that are not yet known by the court.  This is probably because the statement you are making has never been mentioned in any papers filed with court. Nor has it been mentioned by in any of the proceedings in court.  

When this occurs, Maryland law says that you have to file an affidavit along with your Motion or Response.  An affidavit is basically a document used to support what you are saying in your Motion or Response, stating the facts and information not yet known by the court. It must be signed by you and say that you swear (or affirm) under the penalties of perjury that what you are saying is true. 

Sometimes you may also have to attach documents such as letters, school or medical records to your Motion or your Response to a Motion to show that what you are saying is true.  When you do so, you have to state in your affidavit that the documents you are sending are genuine and not altered in any way.  It would be helpful for you if you could have certified copies of the documents. 

Certified Documents
For school or medical records, you can ask the records clerk at the school or hospital to certify your records. Generally there is a small fee for certification. The certification process usually consists of the official record keeper for the institution stamping the document to show that the document is a true and complete copy of the original.  This may take anywhere from one to 14 days, so make sure you give yourself enough time to get the certified records.

If you plan on using any letters to support your case, it would be preferable if you could find the originals.  If you have certified, return receipts for the letters, it would be even better for your case.  You may still use copies, but if you do, make sure you state in your affidavit that the copies are not altered in any way, and you should also explain in your affidavit why you do not have certified or original copies of the documents, and what you have done to try and get the originals.

Last date of review 6/21/08 PLL/M.A.J.)

Source: Maryland Legal Assistance Network (MLAN), updated by the Maryland State Law Library (MSLL).

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