NO MORE NOTARIES NEEDED FOR COURT

This was noted by a post in November and now, as a reminder, CPLR 2106 was recently amended. The new version will go into effect on January 1, 2024 so it's time to update forms.

CPLR 2106. Affirmation of truth of statement.

The statement of any person wherever made, subscribed and affirmed by that person to be true under the penalties of perjury, may be used in an action in New York in lieu of and with the same force and effect as an affidavit. Such affirmation shall be in substantially the following form:

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, and I understand that this document may be filed in an action or proceeding in a court of law.

(Signature)

At this point, I intend to use the following forms, one for myself as attorney incorporating the new language, and the others for clients and non-attorneys incorporating the new language:

Attorney Form:

JON M. PROBSTEIN, who is an attorney duly admitted to practice before the State of New York and the Commonwealth of Massachusetts and who is filing this document in a court of law. affirms this ___ day of _____, _____, that the following is true under the penalties of perjury (penalties may include fine or imprisonment)

Client Form:  

XXXXX, being the plaintiff/defendant who is filing a document in this action or proceeding in a court of law, affirms 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:

Non- Attorney Form:  

XXXXX, being an individual who is filing a document in this action or proceeding in a court of law on behalf of plaintiff/defendant, affirms 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:

Venue Question:

The heading in an affidavit in the state of New York typically includes the state, county, and city in which the affidavit is made...the venue usually takes the form of “State of X, County of Y”. Since the requirement for notarization of affidavits and sworn documents in civil cases in New York state courts has been removed, this is not necessary but IMHO should be used in the Client/Non-Attorney Form until this is clarified by the courts, etc..