CIV-GP-123 – Reply Affirmation

Jurisdiction: Country: United States | Province or State: New York

What is a CIV-GP-123 – Reply Affirmation?

A CIV-GP-123 – Reply Affirmation is a sworn written statement used in the Civil Court of the City of New York. You file it to reply to the other side’s opposition to your motion. It supports your reply by clarifying facts, addressing new points, and attaching reply exhibits. It keeps the focus on the motion already before the court. It does not start a new request.

Attorneys use a reply affirmation because they can affirm the truth of their statements without a notary. If you are not an attorney, you typically use a Reply Affidavit instead. That requires a notary. Both documents serve the same purpose: to reply to opposition papers. The court expects concise, focused content that directly responds to specific arguments raised in opposition.

You would use this form when you filed a motion, and the other side served opposition papers. Common motions include a motion to dismiss, a motion for summary judgment, or a motion to compel discovery. The reply affirmation is your final written chance to be heard before the court decides the motion. You can correct factual errors, address misstatements of law, and point the judge to key materials. You can also attach new exhibits that only became relevant after seeing the opposition.

Typical usage scenarios include small business contract disputes, consumer debt cases, property damage claims, and other civil matters in the court’s General Civil Part. For example, you sued for unpaid invoices and moved for summary judgment. The defendant opposed, arguing the invoices were inaccurate. Your reply affirmation can point to the signed delivery receipts and prior course of dealing. You can attach a simple spreadsheet reconciling invoice and receipt dates. You can also explain why the opposition’s documents do not create a real dispute.

If you represent a defendant, you may have moved to dismiss a complaint. The plaintiff opposed by citing a contract clause out of context. Your reply affirmation can quote the full clause and submit the complete contract as Exhibit A. You explain why the clause bars the claim. You cross-reference the exact page numbers, so the judge can verify the point quickly.

In short, the CIV-GP-123 is the vehicle for your reply in motion practice. It presents sworn facts, ties them to the record, and shows why your motion should be granted.

Who typically uses this form?

Attorneys for the moving party in a pending motion. The moving party is the side that filed the motion. If you are self-represented and not an attorney, you generally use the parallel Reply Affidavit. If you are an attorney, the affirmation format saves time because it does not need notarization.

Why might you need this form?

Because you almost always get one chance to reply. Judges rely on reply papers to understand what matters and what does not. A clear reply affirmation can cure confusion, spotlight controlling law, and neutralize new arguments in the opposition. It can be decisive.

When Would You Use a CIV-GP-123 – Reply Affirmation?

You use this form after the other side serves and files opposition to your motion. You already filed a Notice of Motion or an Order to Show Cause. The court set a return date or a briefing schedule. The opposing party filed an affirmation or affidavit in opposition, possibly with exhibits and a memorandum of law. Now you file your reply. The reply must follow the court’s schedule or the judge’s briefing order. You also must serve it on the other side as required.

Consider a consumer credit action. You moved to dismiss based on improper service. The plaintiff opposes with a process server affidavit and a photograph of your address. Your reply affirmation attaches your lease and mail records, explaining that the address in the affidavit does not match your apartment unit. You also point out that the opposition fails to address a key requirement. You keep it tight. You stick to the service issue.

Consider a small business dispute. You moved for summary judgment on an unpaid purchase order. The opposition claims you delivered late and breached. Your reply affirmation attaches emails showing the buyer accepted late delivery and waived strict deadlines. You cite the purchase order terms. You ask the court to grant your motion because no real factual dispute remains.

Consider a property damage case. You moved to preclude a late expert report. The opposition argues harmless delay. Your reply affirmation quotes the scheduling order and shows prejudice. You explain why the late report adds new opinions and why you could not cure the harm before the trial. You request preclusion or, in the alternative, limited relief, such as a short adjournment and costs.

Typical users include plaintiffs, defendants, small business owners, insurers, and consumers. Landlords and tenants use different housing forms in the Housing Part. The CIV-GP-123 is for the General Civil Part. If your case is in the General Civil Part, and you filed a motion, this is your reply tool when the other side opposes.

Legal Characteristics of the CIV-GP-123 – Reply Affirmation

A reply affirmation is a sworn submission. It carries the weight of a statement made under penalty of perjury. Because it is sworn, the court can rely on it to assess facts, context, and documentary history. You should only include facts you know or can support with exhibits. If you refer to information outside your personal knowledge, identify the source. Keep hearsay to a minimum unless it fits a recognized exception or is used only for context.

The court treats a reply as part of the motion record. Its content is limited. A reply should respond to arguments raised in opposition. It should not raise entirely new requests for relief. It should not sandbag the other side with brand new theories that could have been raised in your opening motion. Judges will often disregard new issues first raised on reply. They do this to keep motion practice fair and efficient.

Enforceability comes from several elements. The affirmation format requires precise identification of the case, parties, and motion sequence. You sign under penalty of perjury. You attach supporting exhibits where needed. You serve the papers on the other side. You file the papers with the court by the required deadline. These steps ensure the court can consider your reply. Failure on any step can lead the court to ignore your reply or reject it.

Your reply should comply with court formatting rules. Use the correct caption. Include the index or docket number. Identify the judge and part when available. Use clear headings. Number your paragraphs. Label your exhibits. Keep the tone professional and direct. Avoid argument in the facts section. Put arguments in the argument section.

If you are an attorney, an affirmation is acceptable and does not need a notary. If you are not an attorney, use a notarized affidavit instead. That distinction matters. Filing the wrong format can cause delay or rejection. When in doubt, choose the notarized route if you are self-represented and not admitted to practice law in New York.

Finally, service matters. Your reply must be served by the method and deadline required by the court or the agreed schedule. A non-party should complete an affidavit of service for your reply papers. File that proof of service with your reply, or as directed. Without proof of service, the court may not consider your reply.

How to Fill Out a CIV-GP-123 – Reply Affirmation

Follow these steps. Work from the top of the form to the signature.

1) Prepare your materials

• Gather the motion papers, the opposition papers, and your exhibits.
• Decide which points in the opposition you must answer.
• Discard side issues. Focus on what moves the needle.

2) Complete the caption

• At the top, list the court: Civil Court of the City of New York and the county.
• List the parties exactly as in the complaint or petition.
• Include the index or docket number.
• If available, include the judge and part.
• Add the motion sequence number, if known.

3) Title the document

• Use “Reply Affirmation in Further Support of [identify your motion].”
• Example: “Reply Affirmation in Further Support of Defendant’s Motion to Dismiss.”

4) Identify yourself and your role

• In the first paragraph, state your name, role, and relationship to the party.
• If you are an attorney, state that you are admitted in New York.
• Identify the party you represent. Example: “I represent the defendant ABC LLC.”

5) State the purpose and scope

• State that you submit this reply in response to the opposition.
• Identify the opposition by date and name of the affiant or attorney.
• State that you reply only to issues raised in the opposition.

6) Provide a brief procedural background

• Keep it short. One to three paragraphs.
• State when you filed your motion and what relief you seek.
• Note any scheduling order or prior court directions.

7) Set out the facts supporting your reply

• Use numbered paragraphs.
• Keep each paragraph short and precise.
• Address factual errors in the opposition.
• Cite the record with exact references. Example: “See Ex. A at 3.”
• If you attach new exhibits, explain why they respond to opposition points.
• Avoid duplicating your original motion facts unless needed for context.

8) Make your legal arguments

• Use clear, discrete headings, each tied to an opposition point.
• Example heading: “The opposition fails to raise a triable issue of fact.”
• Link facts to legal standards already at issue in the motion.
• Do not introduce a new claim or request for relief.
• If the opposition relies on a misquote or out-of-context clause, quote the full text and attach the full document.

9) Address evidentiary objections

• If the opposition uses inadmissible evidence, say so and explain why.
• Examples include unsworn statements, unauthenticated documents, or hearsay.
• Keep objections specific and concise.

10) Deal with new arguments in the opposition

• If the opposition raises new arguments, flag them.
• Ask the court to disregard them or allow a sur-reply only if the court directs.
• Do not expand your motion beyond its original scope.

11) State the relief requested

• End with a clear request.
• Example: “Grant the motion in full and deny all opposing relief.”
• If you seek alternative relief, state it clearly and briefly.
• Do not add new forms of relief not noticed in your motion.

12) Attach and label exhibits (schedules)

• Use simple labels: Exhibit A, Exhibit B, and so on.
• Include a short exhibit list near the end of the affirmation.
• Each exhibit should be legible, complete, and relevant.
• For contracts or long records, include only relevant pages plus necessary context.
• Add slip sheets between exhibits if filing on paper.

13) Add a verification paragraph

• If you are an attorney, include the standard affirmation under penalty of perjury.
• State the date and place of affirmation.
• Example: “I affirm the foregoing is true under penalty of perjury.”

14) Signature block

• Sign above your typed name.
• Include your firm name, address, phone, and email.
• If you represent yourself and are an attorney, note that you appear pro se as an attorney.

15) Service planning

• Arrange the service of the reply papers to all parties.
• Use the method and timing required by the court or the briefing order.
• The server must be a non-party adult.

16) Proof of service

• Have the server complete an affidavit of service.
• The affidavit should list what was served, on whom, when, where, and how.
• File the proof of service with the court as required.

17) Filing

• File the reply affirmation and exhibits with the clerk by the deadline.
• If your case permits electronic filing or electronic document delivery, use that system.
• Confirm that the court and the other side received the papers.

18) Quality check before filing

• Confirm the caption matches the case.
• Confirm the index or docket number is correct.
• Confirm dates and names match the opposition papers.
• Confirm exhibit labels are consistent and cited correctly in the text.
• Remove any stray new arguments not responsive to the opposition.

Practical drafting tips

• Lead with your strongest point. Judges read busy dockets.
• Use headings that match the opposition’s structure. That helps the court track the dispute.
• Keep sentences short. Use plain words. Avoid jargon.
• Use record citations. Show the court where to look.
• Do not attack opposing counsel. Address only the merits.
• If the opposition concedes a point, say so and move on.
• If the opposition fails to address a key argument, highlight the silence.

Handling exhibits

• Common reply exhibits include full contract copies, corrected records, delivery receipts, email chains, and affidavits clarifying discrete facts raised in opposition.
• Do not attach exhibits you should have included with your opening motion unless you show good cause. Courts expect you to move with a complete record.
• Redact personal information that should not be public. Keep sensitive data limited to what the court needs.

Scope control

• The reply is not a second opening brief. Stay within the lines.
• If you must address a new legal authority cited in opposition, do so briefly and tie it back to your original theory.
• If you need more space or time, seek permission from the court before the deadline.

Common mistakes to avoid

• Missing the service deadline.
• Using an affirmation when you need a notarized affidavit as a non-attorney.
• Adding new claims or requests for relief on reply.
• Attaching illegible or incomplete exhibits.
• Failing to identify the motion you are supporting.
• Misstating the procedural history or dates.

Length and organization

• Keep your reply affirmation as short as the issues allow.
• Use numbered paragraphs and descriptive subheadings.
• Combine overlapping points. Avoid repetition.
• Place the relief requested at the end, right before your signature.

If you follow these steps, your CIV-GP-123 – Reply Affirmation will be complete, compliant, and easy for the judge to use. You will address what matters, show the record clearly, and preserve the request you made in your motion. That is the goal of reply practice in the Civil Court of the City of New York.

Legal Terms You Might Encounter (CIV-GP-123 – Reply Affirmation)

• A Reply Affirmation is your written response to the other side’s opposition papers. It addresses what they argued and explains why the court should still grant your request. With the CIV-GP-123 – Reply Affirmation, you respond in a structured, sworn statement. You keep your focus on the points they raised and support your position with facts and exhibits.
• An affirmation is a sworn statement you sign under penalty of perjury. It does not require notarization when the person signing is permitted to affirm. If you are not permitted to affirm, you may need to use an affidavit, which must be notarized. The CIV-GP-123 – Reply Affirmation is designed as an affirmation. Make sure you are allowed to use it before you sign.
• The affiant is the person who signs the affirmation. If you are the one replying, you are the affiant. Your signature confirms that the facts in the CIV-GP-123 – Reply Affirmation are true to your personal knowledge, or stated on information and belief where appropriate. Keep your statements accurate and specific. Your credibility matters.
• The caption is the case header at the top of your form. It lists the court name, party names, and the index or docket number. It must match the existing case. When you complete the CIV-GP-123 – Reply Affirmation, copy the caption exactly from prior papers. A wrong caption can lead to rejection or delays.
• The index number or docket number is the unique case identifier. You must place it on every page of the CIV-GP-123 – Reply Affirmation. This number ties your reply to the correct file. If you leave it out or mistype it, your papers may not reach the judge.
• A motion asks the court to order something. Opposition papers respond to the motion and argue against it. Your CIV-GP-123 – Reply Affirmation replies to the opposition. You do not repeat your original motion. You address what changed once the other side responded. You may clarify points, correct errors, and point the judge to exhibits that rebut their claims.
• A cross-motion is a motion filed by the opposing party against you, often at the same time as their opposition. If you receive a cross-motion, your CIV-GP-123 – Reply Affirmation can also answer it. Label your paragraphs clearly so the judge can see where you address the opposition and where you address the cross-motion.
• The return date, hearing date, or motion calendar date is when the court will consider the motion. Your CIV-GP-123 – Reply Affirmation must be filed and served by the deadlines that count back from that date. Many courts set reply deadlines a set number of days before the return date. Late papers may not be read. Confirm your schedule before you finalize the form.
• Exhibits are documents, photos, transcripts, or records that support your reply. You attach exhibits to the CIV-GP-123 – Reply Affirmation and label them in order (Exhibit A, Exhibit B, and so on). Refer to each exhibit by label in your text. Use exhibits to disprove factual assertions in the opposition, to provide missing context, or to show the court prior written agreements.
• Service means delivering your reply papers to the other side. Proof of service shows when and how you served them. After you sign the CIV-GP-123 – Reply Affirmation, arrange service as required. Then attach or file the proof of service so the court knows the other side received your reply.
• Personal knowledge means facts you know firsthand. Information and belief mean facts you reasonably believe to be true, based on sources you trust. In your CIV-GP-123 – Reply Affirmation, separate what you know personally from what you infer or believe. If a statement is not from your personal knowledge, say so. This helps the judge weigh your statements.
• Perjury is knowingly making a false sworn statement. When you sign the CIV-GP-123 – Reply Affirmation, you certify that your statements are true. False statements can harm your case and have serious consequences. If you are not certain about a fact, say so clearly and cite your source or exhibit.

FAQs (CIV-GP-123 – Reply Affirmation)

Do you need to notarize the CIV-GP-123 – Reply Affirmation?

No, the form is an affirmation, not an affidavit. An affirmation is signed under penalty of perjury without a notary when used by someone permitted to affirm. If you are not permitted to use an affirmation, you may need an affidavit instead, which requires notarization. Check the form type the court expects in your case before you sign and submit.

Do you need permission to file a reply affirmation?

Often, you can file a reply as part of regular motion practice. Some parts or judges limit replies or require permission. Others set strict page limits or formatting rules. Confirm the local practice for your case. If permission is needed, request it promptly. If replies are allowed, file by the stated deadline so the court can consider it.

Do you include new arguments or evidence in your reply?

Use your reply to respond to the opposition. Address new points they raised and correct inaccuracies. Avoid brand-new arguments that you could have made in your original motion. Many courts do not consider arguments first raised in reply. If you must include new material, explain why you could not have provided it earlier, and attach exhibits that directly rebut the opposition.

Do you need to serve your reply to the other party?

Yes. Serve your CIV-GP-123 – Reply Affirmation on all parties as required. Service must occur by the deadline and by an approved method. After service, complete and file proof of service. If you miss service, the court may not read your reply. Serve early to leave time for any filing issues.

Do you file the reply on the same motion date?

You file your reply before the motion date. Many courts count back from the return date to set deadlines. For example, opposition may be due several days before the return date, and replies even closer to the date. Confirm the schedule for your case. Do not assume the court will accept a reply on the return date.

Do you attach a proposed order with your reply?

It depends on the motion and the court’s preference. If you attached a proposed order with your original motion, you may submit a revised version with your reply to reflect issues raised in opposition. Some judges ask for proposed orders; others do not. If in doubt, include a concise proposed order that mirrors the relief you request.

Do you need to appear in court if you filed a reply?

Usually, yes, if the court scheduled a return date or appearance. Filing a reply does not cancel the appearance. Bring extra copies of your CIV-GP-123 – Reply Affirmation and exhibits. Be ready to direct the court to key paragraphs and exhibits. If the court resolves the motion on the papers, you will receive a decision without argument.

Can you correct or amend your reply after filing?

You may correct a clerical error by filing a corrected version promptly and notifying all parties. Substantive changes may require permission. If you discover an error after service, act quickly. File a short letter or affirmation explaining the correction and attach the corrected pages. Always serve the corrected papers so everyone has the same version.

Checklist: Before, During, and After the CIV-GP-123 – Reply Affirmation

Before signing

• Gather all prior motion papers: your motion, the opposition, and any cross-motion.
• Identify each point in the opposition you need to address.
• Outline your reply in the same order as the opposition for clarity.
• Assemble exhibits that rebut specific assertions. Mark and paginate them.
• Verify the correct caption, index, or docket number, judge, and part.
• Confirm the return date and the reply filing and service deadlines.
• Choose your service method and plan for proof of service.
• Draft short, numbered paragraphs tied to specific opposition points.
• Prepare a brief introduction and a clear conclusion stating the relief you seek.
• Confirm whether a proposed order is needed.
• Check formatting rules, page limits, and font size.
• Set aside time for proofreading and final assembly.

During signing

• Check the caption. It must match prior papers exactly.
• Confirm the index or docket number on each page, including exhibits.
• Identify yourself correctly as the affiant.
• State your basis of knowledge. Use “personal knowledge” or “information and belief” as appropriate.
• Cite paragraphs from the opposition you are answering. Keep the same order where possible.
• Refer to exhibits by label and page number. Make it easy to find proof.
• Keep statements concise and fact-focused. Avoid arguments that belong in a memorandum; if separate.
• Include the affirmation language under penalty of perjury as required by the form.
• Date and sign the CIV-GP-123 – Reply Affirmation.
• Number all pages. Ensure consistent formatting and legible scans.
• Review for confidential information. Redact where needed.
• Attach a proposed order if appropriate and allowed.

After signing

• Make complete sets: reply affirmation, exhibits, and any proposed order.
• Serve all parties by an approved method within the deadline.
• Prepare proof of service. Include details of when and how the service occurred.
• File your papers with the court with the proof of service.
• If e-filing applies, upload clear, searchable PDFs and verify acceptance.
• If filing in person, bring the correct number of copies for stamping.
• Calendar the return date and any adjournments. Track the decision.
• Bring working copies to court if required. Tab exhibits for quick access.
• Save a full set with file-stamped pages and the proof of service.
• Update your case file index so you can retrieve the reply quickly.

Common Mistakes to Avoid with the CIV-GP-123 – Reply Affirmation

• Don’t forget the case caption and index number. A missing or incorrect caption, judge, or index number can cause rejection. Even if accepted, it can delay review. Double-check the header before you sign and file.
• Don’t raise new issues that belong in the original motion. Courts often disregard new arguments first raised in reply. That can weaken your position and frustrate the judge. Focus on what the opposition argued and why it does not change the result you seek.
• Don’t ignore service rules. If you fail to serve the other side properly, the court may refuse to consider your reply or adjourn the motion. Serve on time and file proof of service. Keep a copy of the proof in your file.
• Don’t miss the reply deadline. Late replies may not be read. If the court refuses the papers, you lose the chance to answer the opposition. Confirm the schedule early and plan backwards to meet it.
• Don’t stretch facts beyond your knowledge. Overstating facts or mixing speculation with personal knowledge hurts credibility. It also risks sanctions for false statements. Clearly mark statements based on information and belief and cite exhibits that support them.

What to Do After Filling Out the Form (CIV-GP-123 – Reply Affirmation)

1. File the completed reply affirmation and exhibits with the court and serve all parties by the deadline. Include proof of service. Check your filing receipt or e-filing confirmation to ensure acceptance. If there is an error notice, correct it promptly and refile.
2. If you discover a mistake after filing, prepare a short corrected reply or errata. Explain what changed. Serve the corrected pages and file them with the court. If the change is substantial, request permission before filing a replacement.
3. If courtesy copies are required, deliver a tabbed, labeled set to the assigned part. Include the motion sequence number on the cover. Keep one fully tabbed set for your own use at the argument.
4. Prepare for the return date. Outline your key points and note exhibit page citations. Be ready to direct the judge to specific paragraphs of your CIV-GP-123 – Reply Affirmation. Bring extra copies for the court and the other side if needed.
5. Track the decision after the return date. If the court requests a proposed order or supplemental papers, act quickly. If the motion resolves by agreement, notify the court and submit any required stipulation.
6. Update your case file. Store the stamped reply affirmation, exhibits, and proof of service together. Save the e-filing confirmation and any court notices. Maintain a simple index of filed papers so you can retrieve them on short notice.
7. If future motion practice is likely, keep a template of your reply formatting and exhibit labels. This speeds up future filings and reduces formatting errors.