Friday, September 22, 2006
Nebraska Supreme Court allows parental rights termination appeal to proceed after court of appeals had dismissed the appellants notice of appeal because he signed his poverty affidavit in Utah before a Utah licensed notaryIn re Interest of Fedalina G., 272 Neb. 314 September 22, 2006. No. S-06-235. § 25-1245 and rule 28(b) (Nebraska rules of discovery) provide that an affidavit may be used in support of a motion in a court of this state if the affidavit is made and authenticated, out of state, before a person authorized to administer oaths in the place where the affidavit is made. A notary public is authorized to administer oaths. A notary public of the State of Utah is authorized to administer oaths in Utah. See Utah Code Ann. § 46-1-6(4) (Supp. 2006). Because the affidavit in this case was duly authenticated in Utah by a person authorized to administer oaths in the State of Utah, it may be submitted in support of a motion made in a Nebraska court. The Court of Appeals erred in concluding otherwise.
Posted by stan_sipple at 4:05 PM