In New York, an affidavit does not have to be notarized. Since January 1, 2024, an amendment to CPLR § 2106 lets any person sign a written statement under penalty of perjury and file it in a civil court action with the same legal weight as a traditional notarized affidavit.1New York State Unified Court System. New York City Civil Court Directive DRP-225 Notarization is still required for a handful of specific situations, and the affirmation option has strict language requirements that trip people up more often than you might expect.
The Affirmation Option Under CPLR 2106
Before 2024, only a narrow group could skip the notary and sign an affirmation under penalty of perjury: licensed attorneys, certain healthcare professionals, and people located outside the United States. Everyone else had to find a notary.1New York State Unified Court System. New York City Civil Court Directive DRP-225
The amended statute opened the door to everyone. Any person, anywhere, can now sign an affirmation and use it in a New York court action. The affirmation can substitute for affidavits, verifications of pleadings, responses to notices to admit, answers to interrogatories, bills of particulars, and other sworn statements.2New York State Senate. New York Code CPLR 2106 – Affirmation of Truth of Statement The point was to remove the logistical burden of hunting down a notary just to file a court document.
The Exact Language You Have to Use
The affirmation must contain 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.”2New York State Senate. New York Code CPLR 2106 – Affirmation of Truth of Statement
Every phrase matters. The clause about “information and belief” is easy to overlook, but it lets you include statements you reasonably believe to be true based on secondhand information while still swearing to the accuracy of everything you know firsthand. The statute accepts “substantially” similar language, so a minor variation may not be fatal, but there is no reason to invite a challenge.
Do Not Use the Federal Declaration Form
Federal courts use their own unsworn declaration under 28 U.S.C. § 1746, and its wording is different from New York’s. 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. If you are filing in a New York state court, use the New York language.
When You Still Need a Notary
CPLR § 2106 explicitly carves out three categories where a traditional notarized oath remains mandatory:2New York State Senate. New York Code CPLR 2106 – Affirmation of Truth of Statement
- Deposition testimony, which must be sworn before an authorized officer. An affirmation cannot replace the oath.
- Oaths of office, which must be taken before the designated official.
- Oaths that a specific statute requires to be made before a particular officer other than a notary, such as a judge or commissioner.
Outside the court system, notarization also remains the norm. Real estate transactions, powers of attorney, and many business filings typically require notarized signatures. The CPLR § 2106 affirmation was designed for court filings, not for every document that calls for a sworn statement.
How the Traditional Notarized Route Works
If you do go the notary route, New York law requires the affiant to physically appear before the Notary Public. The notary confirms your identity, watches you sign, and administers an oath or affirmation asking whether the contents are true. Taking an affidavit over the phone or without the affiant physically present is illegal.3NYS Department of State. Notary Public License Law
If you object to swearing an oath on religious or personal grounds, the notary can use an affirmation instead, which is legally equivalent.3NYS Department of State. Notary Public License Law After the oath or affirmation, the notary signs the document and applies their stamp. That completed block is called a jurat.
What Happens If Your Affidavit Is Defective
A flawed affidavit is not just a cosmetic problem. If the document lacks both proper notarization and the correct affirmation language, a court can refuse to consider it as evidence. Opposing counsel can move to strike it from the record, and courts regularly grant those motions.
The downstream consequences are what hurt. If the affidavit was supporting a motion for summary judgment, losing it can mean the motion is denied and the case proceeds to a full trial. In some situations, court deadlines may have already passed by the time the defect is discovered, leaving no chance to fix and refile.
New York courts have shown they will enforce the affirmation 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 otherwise substantively sound.1New York State Unified Court System. New York City Civil Court Directive DRP-225 Double-check the form language against the statute before you sign.