December 3, 2025

New York updated its rules on sworn statements with an amendment to the New York Civil Practice Law and Rules § 2106, “Affirmation of truth of statement” (“CPLR 2106”), that took effect on November 21, 2025. This amendment, made pursuant to Senate Bill S8195, serves to clarify when an affirmation may be substituted in the place of a notarized document.  For context, an “affirmation” is a written and signed declaration in which a person states that the contents are true under penalty of perjury, but without taking a notarized oath. Effective November 21, 2025, CPLR 2106 enumerates the categories of statements for which an affirmation may be used, including certificates, responses to notices to admit, verifications of pleadings, bills of particulars, answers to interrogatories, and any other sworn statements.

Importantly, the statute confirms that affirmations cannot be used in depositions, oaths of office, or oaths required to be taken before a specifically designated official, and matrimonial agreements must still be notarized in accordance with Domestic Relations Law requirements. These revisions provide clearer boundaries for litigation practice and reinforce the limited circumstances in which notarization or formal oath procedures remain mandatory.

The below bolded language indicates the modified affirmation language following this CPLR 2106 amendment:

“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.”