How do you prove resident and non resident in litigation

Question

If you are working in NY and have addresses in both NYC and CT and receiving mails at both addresses. How do you prove you are resident of NY and non resident in CT.

Answer 1

You offer testimony from yourself and other people who can corroborate it about where you sleep at night.

You also offer things like vehicle registrations, driver's licenses, voter registration, where other members of your family spend their nights, what schools your children (if any) attend, where your dog lives, etc.

Explaining why you have the NY address and what you do in NY at that address could also help if it is inconsistent with being your residence.

In motion practice, you would do this with affidavits containing testimony with exhibits attached that are authenticated by the affidavits. In an evidentiary hearing, witnesses would be put on the stand one by one, exhibits would be presented and authenticated through them, and cross-examination would be available for the other party.

Of course, however, before you go too far, you need to know what purpose residency or non-residency is being established for, and what the definition of residency and non-residency is for that purpose. Residency is not a word that has a single uniform meaning for all purposes. Residency is defined in different ways for the purposes of different laws. It may mean one thing for tax purposes and other for eligibility to run for public office, for example. The points that go into the definition of residency for a particular purpose go into what you need to prove.