Rule 2106 of the CPLR permits a written affirmation, made under penalty of perjury, to be submitted in place of an affidavit, carrying the same legal effect in New York civil proceedings. Since the amendment took effect on January 1, 2024, our office has been closely examining its practical implications. My colleague, Viktoriya Liberchuk, discussed the amendment in her blog post, “Affirmation in Lieu of an Affidavit, Now with the Same Force and Effect,” including its impact on other CPLR provisions that refer specifically to affidavits, the verification of pleadings by affidavit, and responses to interrogatories. These open issues suggest that, while the amendment appears straightforward on its face, its broader procedural impact is still unfolding.
