In Many New York Courts, Notarized Documents Will No Longer Be Necessary

For many years, litigants in New York have been required to have most of the documents being submitted to court notarized, particularly when filing affidavits. All of this will change beginning January 1, 2024, when a new bill takes effect which will permit people in civil cases in New York to submit affirmations instead of affidavits.¹

Affirmations, which in New York State are governed by Rule 2106 of the Civil Practice Law and Rules ("CPLR"), are documents which contain sworn statements but are not required to be signed before a notary. Currently, affirmations can only be made and submitted by attorneys, physicians, osteopaths and dentists. The new bill amends and expands CPLR § 2106 to allow for affirmations made by all New York State litigants in civil cases. The right to submit affirmations has been the law in federal courts for years, which have permitted declarations under penalty of perjury. With the passing of this law, New York is falling in line with