WHO NEEDS A NOTARY WHEN YOU HAVE CPLR SECTION 2106?
Indeed, the evolution of the process of notarization has been intense over the last few years. From frantic searches for notaries in the middle of the day to filing papers timely, to the convenience of remote notarization during the pandemic, and now with the CPLR Section 2106 removing the requirement altogether, we are witnessing significant advancements regarding trust with acknowledgments.
As of January 1, 2024, CPLR Rule 2106 permits an “Affirmation of truth of statement” which can be made by “any person wherever made, subscribed and affirmed by that person to be true under the penalties of perjury” and “may be used in an action in New York in lieu of and with the same force and effect as an affidavit.”
The required language for this type of acknowledgment is as follows:
“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.”
This statute is a game changer, assisting litigation significantly. Its time to change your forms from “Affidavit” to “Affirmation of truth of statement.”
