Legislative Alert: New York State to Remove Notarization Burden for Civil Litigants

Nov 29, 2023
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By: Michael L. Moskowitz, Esq. and Melissa A. Guseynov, Esq. 

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.

For assistance with navigating these changes, please contact our professionals by filling out the contact form below or by calling (516) 599-0888.

DISCLAIMER: This summary is not legal advice and does not create any attorney-client relationship. This summary does not provide a definitive legal opinion for any factual situation. Before the firm can provide legal advice or opinion to any person or entity, the specific facts at issue must be reviewed by the firm. Before an attorney-client relationship is formed, the firm must have a signed engagement letter with a client setting forth the Firm’s scope and terms of representation. The information contained herein is based upon the law at the time of publication.

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