In New York, an affidavit does not have to be notarized if it is being filed in a civil court proceeding. Since January 1, 2024, an amendment to CPLR § 2106 lets any person sign a written statement under penalty of perjury and use it with the same legal weight as a notarized affidavit.1New York State Unified Court System. New York City Civil Court Directive DRP-225 Outside court filings, notarization is still the norm, and even inside the courts a few specific situations still require a traditional oath before a notary or other officer.
What Changed in 2024
Before 2024, only a narrow group could skip the notary: licensed attorneys, certain healthcare professionals, and people located outside the United States.1New York State Unified Court System. New York City Civil Court Directive DRP-225 Everyone else had to find a Notary Public, appear in person, and swear an oath. Taking an affidavit over the phone or without the affiant physically present was, and still is, illegal.2NYS Department of State. Notary Public License Law
The amended CPLR § 2106 opened the affirmation option to any person, anywhere. A signed affirmation can now substitute for affidavits, verifications of pleadings, responses to notices to admit, answers to interrogatories, bills of particulars, and other sworn statements in a New York court action.3New York State Senate. New York Code CPLR 2106 – Affirmation of Truth of Statement
The Exact Language You Have to Use
The affirmation must include language substantially matching the form set out in the statute:
“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, except as to matters alleged on information and belief and as to those matters I believe it to be true, and I understand that this document may be filed in an action or proceeding in a court of law.”3New York State Senate. New York Code CPLR 2106 – Affirmation of Truth of Statement
Every phrase in that block does work. The “information and belief” clause lets the signer include statements they reasonably believe to be true based on secondhand information, while still swearing to the accuracy of everything they know firsthand. The statute allows “substantially” similar language, so a minor variation may not be fatal, but there is no reason to invite the argument.
Don’t Copy the Federal Declaration Language
Federal courts have their own unsworn declaration under 28 U.S.C. § 1746, and its wording is different. In an early case interpreting the revised CPLR § 2106, a New York Supreme Court rejected affirmations that used the federal declaration form rather than the state form, which contributed to the denial of a summary judgment motion. For a New York state court filing, use the New York language.
When You Still Need a Notary
CPLR § 2106 carves out three court-related situations where a traditional oath remains mandatory:3New York State Senate. New York Code CPLR 2106 – Affirmation of Truth of Statement
- Deposition testimony must still be sworn before an authorized officer.
- Oaths of office must be taken before the designated official.
- Where a statute specifically requires a sworn statement to be made before a particular officer, such as a judge or commissioner, the affirmation option does not apply.
The affirmation was written for court filings. Real estate transactions, powers of attorney, and many business filings typically still require notarized signatures. If the document is going to a county clerk, a title company, or a bank rather than a court, expect to be asked for a notary.
What a Defective Affidavit Costs
A document that has neither proper notarization nor the correct affirmation language can be refused as evidence. Opposing counsel can move to strike it, and courts have granted those motions. If the affidavit was supporting a motion for summary judgment, losing it can mean the motion is denied and the case continues to trial. If a filing deadline has passed by the time the defect is spotted, there may be no chance to fix and refile.
New York courts have already applied the new requirements strictly. In one 2024 ruling, a court rejected affirmations supporting a summary judgment motion because the signers used the wrong statutory language, even though the affirmations were substantively sound.1New York State Unified Court System. New York City Civil Court Directive DRP-225 Reading the affirmation block against the statute before signing takes a minute and prevents that result.