Acceptable Substitutes for Affidavits [formerly Local Civil

U.S. District Court for the Eastern District of New York

Rule Set: Local Civil Rules of the United States District Court for the Eastern District of New York

Rule: 1.9

Jurisdiction: EDNY

Bluebook Citation: E.D.N.Y. L. Civ. R. 1.9

Rule 1.10]

In situations in which any local rule provides for an affidavit or a verified statement, the

following are acceptable substitutes: (a) a statement subscribed under penalty of perjury

as prescribed in 28 U.S.C. § 1746; or (b) if accepted by the court as a substitute for an

16

Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026

affidavit or a verified statement, (1) a statement signed by an attorney or by a party not

represented by an attorney in accordance with Fed. R. Civ. P. 11, or (2) an oral

representation on the record in open court.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

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