A New York declaration under CPLR 2106 is a written statement signed under penalty of perjury that stands in for a notarized affidavit in a New York civil case. Since January 1, 2024, any person can sign one, not just attorneys and a few medical professionals as the old rule required. The statute gives the declaration “the same force and effect” as a traditional affidavit, so courts treat the two documents identically as evidence.1New York State Senate. New York Civil Practice Law and Rules 2106 – Affirmation of Truth of Statement
What You Can Use It For
The declaration covers most of the sworn paperwork a civil case generates. You can use it to support a summary judgment motion, respond to discovery, verify a complaint or bill of particulars, answer interrogatories, respond to a notice to admit, or provide the factual basis for a temporary restraining order. Anywhere a civil procedure rule calls for an affidavit, certificate, verification, or other sworn statement, a CPLR 2106 declaration generally works instead.1New York State Senate. New York Civil Practice Law and Rules 2106 – Affirmation of Truth of Statement
The case type does not matter. Contract disputes, personal injury claims, landlord-tenant matters, commercial litigation: if it’s a civil action in New York, the declaration is available.
Who Can Sign One
Before 2024, CPLR 2106 was narrow. Only licensed attorneys, physicians, osteopaths, and dentists could file an affirmation in place of an affidavit, and even those professionals could only do so if they were not a party to the lawsuit.2New York State Senate. New York Senate Bill 2023-S5162
The amended statute wipes out those restrictions. The current text applies to “the statement of any person wherever made.” That means parties, witnesses, experts, and anyone else with relevant knowledge can sign. You don’t need a professional license. You don’t need to be a non-party. You don’t need to be in New York, or in the United States at all. A witness in another state or another country can sign the same form.1New York State Senate. New York Civil Practice Law and Rules 2106 – Affirmation of Truth of Statement
The Required Wording
CPLR 2106 says the declaration must “substantially” follow a specified form. You don’t have to copy it verbatim, but every element needs to be there. The statutory language 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.1New York State Senate. New York Civil Practice Law and Rules 2106 – Affirmation of Truth of Statement
Pay attention to the “information and belief” clause. It lets you separate facts you personally observed from facts you’re reporting based on documents or what someone else told you. Present direct knowledge as fact. Flag anything secondhand as stated on information and belief. Blurring that line can be used against you if the statement is challenged.
The statute itself doesn’t dictate the rest of the layout, but standard court practice does. Put a caption at the top with the court name, case title, and index number. Identify yourself by name and explain your relationship to the case so the judge understands why your statement matters. Then your factual statements, then the affirmation block, then your signature and the date. The New York court system publishes templates that include these elements.
When a Notary Is Still Required
CPLR 2106 does not reach everything. Three categories still require a notary or other authorized officer:
- Depositions. Testimony taken during discovery still needs an oath administered by an authorized person.
- Oaths of office. Sworn statements required to assume a public position fall outside the statute.
- Oaths required before a specific official other than a notary. If a proceeding designates a particular officer to administer the oath, a written declaration cannot substitute.1New York State Senate. New York Civil Practice Law and Rules 2106 – Affirmation of Truth of Statement
The statute also only reaches statements used in a civil action in New York. Documents signed outside court proceedings have their own rules. A deed must be acknowledged before a notary, judge, or other authorized officer under New York Real Property Law before it can be recorded.3New York Public Law. New York Real Property Law Section 298 – Acknowledgments and Proofs Within the State A will must be executed with at least two attesting witnesses under the Estates, Powers and Trusts Law, which a CPLR 2106 declaration does not satisfy.4New York State Senate. New York Estates Powers and Trusts Law 3-2.1 Powers of attorney, healthcare proxies, and other documents with their own statutory signing formalities are unaffected by the amendment.
The short version: CPLR 2106 streamlines court filings. It does not streamline real estate closings, estate planning, or anything else outside civil litigation. For a non-litigation document, check that document’s own signing requirements.
Penalties for a False Declaration
The warning in the affirmation language is not boilerplate. New York Penal Law treats a knowingly false statement in a declaration the same as lying under oath.
The charge that fits most directly is making a punishable false written statement, which applies to any knowingly false statement in a document that carries a notice warning that false statements are punishable. It’s a class A misdemeanor, carrying up to one year in jail.5New York State Senate. New York Penal Law 210.45 – Making a Punishable False Written Statement New York’s definition of “oath” includes an affirmation, so a CPLR 2106 declaration also qualifies as a sworn statement for perjury purposes. Perjury in the third degree applies to anyone who “swears falsely” and is also a class A misdemeanor.6New York State Senate. New York Penal Law 210.05 – Perjury in the Third Degree
If the false statement is material to the proceeding and made with intent to mislead a public servant, including a judge, the charge rises to perjury in the second degree, a class E felony punishable by up to four years in prison.7New York State Senate. New York Penal Law 210.10 – Perjury in the Second Degree That matches the exposure for lying in a notarized affidavit. Taking the notary out of the process did not reduce the consequences for dishonesty.
Signing and Filing
A handwritten signature on a printed document is always accepted. New York’s Electronic Signatures and Records Act gives an electronic signature the same legal validity as a signature made by hand, though individual courts set their own formatting and submission rules.8Office of Information Technology Services. Electronic Signatures and Records Act (ESRA) Regulation
Most New York courts accept filings through the NYSCEF e-filing system. In some counties and case types e-filing is mandatory; in others it’s voluntary or by consent. Where NYSCEF applies, you upload your signed declaration as a PDF and the system notifies the other parties automatically.9New York State Unified Court System. NYSCEF Frequently Asked Questions In courts without e-filing, you file the original at the clerk’s office in person or by mail. Keep a copy with the filing receipt or timestamp.
One practical note: even though declarations are now available to everyone, some judges and attorneys still expect traditional affidavits on consequential motions. The legal effect is the same, but if credibility is central to what you’re filing, a notarized affidavit may be the safer presentation choice.