Governor Hochul Signs Bill Permitting Use of Unsworn Affirmations for All Individuals in Civil Cases

At the end of October, Governor Kathy Hochul signed two bills, A5772/S5162, which together amend CPLR 2106 to permit any individual to file an affirmation under the penalty of perjury, rather than sworn and notarized affirmations, in civil actions in New York State Court governed by the CPLR. The new CPLR 2016 is effective January 1, 2024.

Whereas CPLR 2106 previously permitted only certain professionals, including attorneys and physicians, and individuals located outside the physical boundaries of the United States, to submit unsworn affirmations, the new bill permits any individual to file an affirmation in lieu of a sworn affidavit. When this process is used, the affirmation need not be notarized.

The affirmation must include the following language in the last paragraph above the signature, as set forth in the new CPLR 2016:

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.

(Signature)

Schlam Stone & Dolan LLP Partner Seth D. Allen advocated for the passage of this bill in his capacity as chair of the Litigation Committee of the New York Bar Association.

Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning the filing of affirmations or affidavits in New York state court.