New York law now allows affirmations instead of notarizations for everyone
Photo: Yuki Iwamura/AP
New York ushers in 2024 with a significant change in legal procedure: the expansion of the privilege of affirmation in place of notarization. Gov. Kathy Hochul’s enactment of amendments to CPLR Rule 2106, effective from the New Year, extends the option previously available only to attorneys, physicians, osteopaths, dentists, and individuals outside the U.S., to everyone.
The law, aiming to align New York with over 20 other states and federal practices, intends to ease burdens for litigants, witnesses, clerks and courts. The new rule permits the use of a signed statement under the penalties of perjury, a move seen as a response to the challenges of obtaining notarization, especially for clients abroad or in the context of the COVID-19 pandemic.
Critics may question if this change invites perjury or encourages frivolous legal claims. However, the legislative rationale suggests a focus on practicality rather than a significant legal shift. Maryland implemented a similar law nearly a decade ago, allowing affirmation for those conscientiously scrupulous of taking an oath.