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.
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