Gyger v. ClementAnnotate this Case
The Supreme Court reversed the decision of the court of appeals affirming the trial court's ruling denying Plaintiff's motions for relief from the order vacating the registration of her foreign support order, holding that the trial court erred by not admitting into evidence Plaintiff's affidavit under N.C. Gen. Stat. 52C-3-315(b) because the statute's plain terms do not require notarization.
Plaintiff initiated an action in Geneva to establish paternity and child support of her two children. The Swiss court entered judgment against Defendant on both counts. The Guilford County Clerk of Court registered the Swiss support order for enforcement. The trial court, however, subsequently vacated the registration of the foreign support order and dismissed the action, finding that no evidence was provided that Defendant had been provided with proper notice of the Swiss proceedings. Plaintiff filed a motion for relief and attempted to introduce two affidavits and a transcript. The trial court excluded the first affidavit because it was not notarized and ultimately denied Plaintiff's motions for relief from judgment. The court of appeals affirmed. The Supreme Court reversed, holding that Plaintiff's affidavit was admissible because it was executed under penalty of perjury as allowed by section 52C-3-315(b).