On January 1, 2024, a new bill amending and expanding New York
Civil Practice Law and Rules (CPLR) Section 2106 will take effect,
allowing the filing of affirmations, rather than affidavits, in New
York civil cases. Under current New York law, affirmations do not
have to be notarized, while affidavits do. New York law presently
only allows attorneys, physicians, osteopaths, and dentists to
submit affirmations in civil cases. All other litigants must file
notarized affidavits.
This will change as of the New Year, aligning New York law with
federal standards and similar laws of twenty other states. Amended
CPLR 2106 will reduce the burden of notarization particularly for
unrepresented parties, those with limited means or without easy
access to a notary, as well as individuals in the hospital or
unable to travel.
