Gyger v. Clement, 375 N.C. 80

Eve Gyger and Quintin Clement are the parents of two children born in Geneva, Switzerland; Gyger obtained a Swiss paternity and child support judgment by default in 2007.
The Swiss Central Authority sought registration and enforcement in North Carolina; the Guilford County clerk registered the Swiss order in June 2016 and Clement was served.
Clement requested a hearing and the district court vacated the registration, concluding Clement lacked proper notice of the Swiss proceedings.
Gyger moved for Rule 60(b) relief and tried to introduce an affidavit signed under penalty of perjury but not notarized; the trial court excluded the affidavit and denied relief.
The Court of Appeals affirmed, relying on Alford v. McCormac to read N.C.G.S. § 52C-3-315(b) as requiring notarization for admissible affidavits.
The North Carolina Supreme Court granted review to decide whether § 52C-3-315(b) requires notarization for affidavits by parties residing outside the State (including internationally).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether N.C.G.S. § 52C-3-315(b) requires notarization of affidavits submitted by parties residing outside this State	Gyger: § 52C-3-315(b) admits affidavits given "under penalty of perjury" without notarization; notarization is not required	Clement: Traditional affidavit law (Alford) requires an oath before an officer; § 52C-3-315(b) should be read to require notarization	The Supreme Court reversed: § 52C-3-315(b) does not require notarization; an affidavit executed under penalty of perjury by an out-of-state (including international) party is admissible

Alford v. McCormac, 90 N.C. 151 (N.C. 1884) (traditional rule that an affidavit ordinarily requires an oath administered by an authorized officer)
Gyger v. Clement, 263 N.C. App. 118 (N.C. Ct. App. 2018) (Court of Appeals decision affirming exclusion of an unauthenticated affidavit under its reading of Alford)
Lenox, Inc. v. Tolson, 353 N.C. 659 (N.C. 2001) (statutory interpretation principles — legislative intent controls)
Coastal Ready-Mix Concrete Co. v. Bd. of Comm’rs of Town of Nags Head, 299 N.C. 620 (N.C. 1980) (statutory construction: consider text, spirit, and purpose)
United States v. Looper, 419 F.2d 1405 (4th Cir. 1969) (form of oath is immaterial where the declaration brings home the apprehension of punishment for false statements)
In re Adoption of Baby Boy, 233 N.C. App. 493 (N.C. Ct. App. 2014) (distinguishable precedent involving notarized acknowledgements and parental rights)
Ogburn v. Sterchi Bros. Stores, 218 N.C. 507 (N.C. 1940) (distinguishable precedent on unauthenticated statements not constituting affidavits)