On November 1, 2023, Governor Hocul signed a bill entitled the “Notary Bill” that eliminates the requirement that an affidavit be notarized in a civil case. The law goes into effect on January 1, 2024 and applies to all actions commenced on or after that date.
The Notary Bill amends New York’s Civil Practice Law & Rules Section 2106, which permits only two groups to file an affirmation, rather than a notarized affidavit: (1) attorneys, osteopaths, physicians and dentists; and (2) any person located outside of the United States. The amendment will simplify the process of filing a statement with the court, such as an affidavit in support of a motion. Previously, any affidavit by a person other than those exempt under CPLR 2106 was required to be notarized. It became difficult, especially during the pandemic, for individuals to find a notary to notarize an affidavit. With the notarization requirement being lifted, the ability to file an affirmation will make the process easier for the individuals signing the affirmation, and the attorneys filing them.
The Notary Bill amends CPLR 2106 to read, in part, as follows:
The statement of any person wherever made, subscribed, and affirmed by that person to be true under the penalties of perjury, may be used in an action in New York in lieu of and with the same force and effect as an affidavit. Such affirmation shall be in substantially the following form:
I affirm this ____ day of ________, _________, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law.
New York follows more than twenty (20) other states that already allow individuals to file an affirmation as opposed to an affidavit. The Notary Bill will make for a smoother process for both individuals and attorneys when filing an application with the court that requires a statement from a witness. It will certainly make our litigation practice a little easier when we have to file such an application!
Disclaimer: The information contained in this post is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and communications. Contacting us, however, does not create an attorney-client relationship.
