A New York attorney verification is a signed affirmation, made under CPLR 2106, in which counsel swears that the contents of a pleading are true to the attorney’s knowledge (except matters stated on information and belief). An attorney may sign it in place of the client only when one of the grounds in CPLR 3020(d)(3) applies, and the verification itself must say which ground applies and why the client is not signing.1New York State Senate. New York Code CVP 3020 – Verification
When an Attorney May Verify Instead of the Client
The default under CPLR 3020 is that the party verifies their own pleading. CPLR 3020(d) lists the situations where someone else can step in, and subsection (d)(3) is the one attorneys rely on in everyday practice. An attorney or agent may verify when:
- The party is a foreign corporation.
- The party is not in the county where the attorney maintains their office.
- Co-parties pleading together are all unavailable.
- The action is based on a written instrument for the payment of money that is in the attorney’s or agent’s possession.
- All material allegations are within the personal knowledge of the attorney or agent.1New York State Senate. New York Code CVP 3020 – Verification
Two other categories in CPLR 3020(d) do not involve counsel: an officer may verify for a domestic corporation, and any person acquainted with the facts may verify for the state, a government agency, or a public officer acting in an official capacity.1New York State Senate. New York Code CVP 3020 – Verification
One practice-specific expansion is worth flagging. In a landlord-tenant summary proceeding under RPAPL 741, an attorney may verify the petition on information and belief even when the client is in the same county as the attorney’s office. That is a targeted exception to the geographic restriction above.2New York State Senate. New York Real Property Actions and Proceedings Law 741 – Contents of Petition
What the Verification Must Contain
A properly drafted attorney verification has three working parts.
Identification and the Reason for Attorney Verification
State the attorney’s name, admission, role as counsel, and the party represented. Then explain the CPLR 3020(d)(3) ground being invoked: the client is outside the attorney’s county, the material allegations are within counsel’s personal knowledge, the case rests on a written instrument in the attorney’s possession, and so on. Skipping this explanation is what invites the other side to reject the pleading as improperly verified.1New York State Senate. New York Code CVP 3020 – Verification
The Affirmation of Truth
The substantive statement tracks CPLR 3020(a): the contents of the pleading are true to the attorney’s knowledge, except as to matters stated on information and belief, and as to those matters the attorney believes them to be true.1New York State Senate. New York Code CVP 3020 – Verification The “information and belief” qualifier is not a blanket escape hatch; it applies to specific facts the attorney cannot personally confirm but has reason to believe are accurate.
Since January 1, 2024, CPLR 3020(a) defines verification as a statement “subscribed and affirmed to be true under the penalties of perjury in accordance with” CPLR 2106, which means no notary is required. The signer instead uses the statutory affirmation language, which reads: “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 CVP 2106 – Affirmation of Truth of Statement4New York State Unified Court System. Civil Court Directive DRP-225 – Notarization Requirement Rescinded Under CPLR 2106
Signature Block
The attorney signs, prints their name, and provides firm name, office address, contact information, and date. Under 22 NYCRR 130-1.1a, that signature also certifies that the paper is not frivolous and that the attorney conducted a reasonable inquiry into the facts and law before filing.5New York State Unified Court System. 22 NYCRR 130-1.1a – Signing of Papers
Sample Attorney Verification
Adapt the bracketed language to fit the case.
VERIFICATION
I, [Attorney’s Full Name], an attorney duly admitted to practice in the State of New York, am counsel for the [Plaintiff/Defendant] in the above-captioned action. I make this verification on behalf of [Client’s Name] because [state reason, e.g., the client is not within the county where I maintain my office / all material allegations are within my personal knowledge].
I have read the foregoing [complaint/answer/petition] and affirm that the statements therein are true to my knowledge, except as to matters stated on information and belief, and as to those matters I believe them to be true.
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 therein 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.
Dated: [City, New York]
[Month] [Day], [Year]
________________________
[Attorney’s Printed Name]
[Law Firm Name]
[Office Address]
[Telephone / Email]
Filing the Verified Pleading
The verification is attached to the pleading it supports and filed as a single document, appearing at the end of the pleading after the prayer for relief.
Where mandatory electronic filing applies, the verified pleading is uploaded through NYSCEF and the system issues a confirmation receipt. Chapter 579 of the Laws of 2024 gave the Chief Administrative Judge authority to implement mandatory e-filing in any class of cases in any court statewide, and e-filing now covers a wide range of Supreme Court case types, including commercial disputes, tort actions, matrimonial matters, and landlord-tenant proceedings.6New York State Unified Court System. Rules – E-Filing Documents filed electronically must still comply with the signature requirements of 22 NYCRR 202.5-b, which generally requires a hard-copy signed original to be maintained even when the filing is submitted electronically.7New York State Unified Court System. 22 NYCRR 202.5-b – Electronic Filing in Supreme Court In courts or case types not subject to mandatory e-filing, the original signed verification accompanies the hard-copy filing to the county clerk.
When Verification Is Actually Required
Attorneys sometimes verify pleadings that do not need to be verified. Under CPLR 3020(b), verified answers are mandatory in fraud actions and in actions against corporations for nonpayment of promissory notes or similar debt instruments. Under CPLR 3020(a), once one side files a verified pleading, every subsequent pleading in the case must also be verified, with narrow exceptions for answers by a minor and matters covered by testimonial privilege. Under CPLR 3020(c), a defense not going to the merits (such as lack of personal jurisdiction or improper venue) must be verified.1New York State Senate. New York Code CVP 3020 – Verification Matrimonial pleadings must be verified under Domestic Relations Law 211, except an answer to a complaint or counterclaim alleging adultery.8New York State Senate. New York Code DOM 211 – Pleadings, Proof and Motions Outside these situations, verification is optional. Reflex verification of an ordinary complaint locks the other side into verifying their answer for no reason and can create defect exposure that would not otherwise exist.
If the Verification Is Defective or Missing
When a pleading that must be verified arrives without a proper verification, CPLR 3022 is the remedy. The opposing party treats the pleading as a nullity and gives notice “with due diligence” that it is being rejected on that ground. Wait too long and the defect is waived.9New York State Senate. New York Code R3022 – Remedy for Defective Verification CPLR 3024, which addresses vague or scandalous pleadings, is not the right vehicle for a verification defect.10New York State Senate. New York Civil Practice Law and Rules 3024 – Motion to Correct Pleadings
Consequences of a False Verification
A defective verification is a procedural problem. A knowingly false one is a very different problem.
Under 22 NYCRR 130-1.1, courts can sanction an attorney or party for frivolous conduct, which includes asserting material factual statements that are false. Sanctions can include the opposing party’s actual expenses and reasonable attorney’s fees, plus a financial penalty of up to $10,000 per occurrence.11NYCOURTS.GOV. 22 NYCRR Part 130 – Costs and Sanctions
Rule 3.3 of the New York Rules of Professional Conduct prohibits a lawyer from knowingly making a false statement of fact to a tribunal or offering evidence the lawyer knows to be false, and it requires reasonable remedial measures (including disclosure to the court, if necessary) when the lawyer discovers that already-submitted evidence is false. These obligations override attorney-client confidentiality.12New York State Unified Court System. New York Rules of Professional Conduct – Rule 3.3
Because verifications are now signed under penalty of perjury through CPLR 2106, a knowingly false verification can support criminal charges:
- Perjury in the third degree under Penal Law 210.05: knowingly making a false sworn statement; a class A misdemeanor.13New York State Senate. New York Penal Law 210.05 – Perjury in the Third Degree
- Perjury in the second degree under Penal Law 210.10: a false sworn statement in a subscribed written instrument, made with intent to mislead a public servant, where the statement is material to the proceeding; a class E felony.14New York State Senate. New York Penal Law 210.10 – Perjury in the Second Degree
- Making a punishable false written statement under Penal Law 210.45: knowingly making a false statement in a written instrument that bears a notice that false statements are punishable; a class A misdemeanor.15New York State Senate. New York Penal Law 210.45 – Making a Punishable False Written Statement
Federal Court: Verification Is Usually Not Required
Under Federal Rule of Civil Procedure 11, a pleading in federal court generally does not need to be verified or accompanied by an affidavit unless a specific rule or statute requires it. The attorney’s signature itself certifies reasonable inquiry and evidentiary support.16Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers The exceptions are narrow, such as shareholder derivative actions under FRCP 23.1 and some temporary restraining order applications under FRCP 65. Do not carry the New York state verification habit into a federal filing without checking whether it is required or even appropriate.