On October 25, 2023, Gov. Kathy Hochul signed A05772 & S05162 into law, allowing affirmations to be used by any person in a civil action, effective January 1, 2024.
Under current law, an affirmation can be used only by attorneys, physicians, osteopaths, dentists, licensed health care practitioners, and any person outside the jurisdiction of the United States. See New York Allows Health Care Professionals to Make Affirmations in Civil Actions, Starting 10/25/2023.
Under the new law, any person will be able to make written statements of facts without having to get the statement notarized.
The affirmation will simply state that it is made "under penalties of perjury under the laws of New York, which my include a fine or imprisonment":
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.
The justification for the bill explains the change:
The requirement that litigants and other court participants have documents notarized is unduly burdensome, and federal law removed such requirements for federal courts decades ago. Attorneys, physicians, osteopaths and dentists, as well as any person outside the jurisdiction of the United States, are already exempt from the New York requirement to submit affidavits and may submit affirmations instead.
This bill will align New York with the over 20 states that follow federal practice. It will relieve unnecessary burdens on litigants, non-party witnesses, county clerks, and courts.
The bill amends CPLR Rule 2106 by removing the restrictive language and providing a form that litigants can use in affirmations:
The effective date of the new law is January 1, 2024:
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