CPLR § 2106 Amendment Eliminates Affidavit Notarization Requirement: What This Means for New York Litigation

As of January 1, 2024, New York no longer requires notarized affidavits in civil litigation. The amended CPLR § 2106 allows any person — anywhere in the world — to submit a signed affirmation under penalty of perjury in lieu of a notarized affidavit, eliminating the certificate of conformity requirement that has tripped up personal injury attorneys, no-fault practitioners, and commercial litigators for decades. Here’s what changed, why it matters, and how to update your practice.

New York Eliminates the Notarized Affidavit Requirement — A Seismic Shift in Civil Practice

For decades, New York attorneys — particularly those practicing on Long Island and in New York City — have wrestled with one of the most frustrating procedural requirements in civil litigation: the certificate of conformity for out-of-state affidavits under CPLR § 2309(c). Countless motions have been denied, summary judgment applications rejected, and cases delayed — all because a sworn statement from a witness in New Jersey, Florida, or California lacked the proper certificate authenticating the notary.

That era is now over.

Effective January 1, 2024, Governor Hochul signed into law a sweeping amendment to CPLR § 2106 that fundamentally changes how sworn statements are handled in New York courts. The amendment allows any person, anywhere in the world, to submit an affirmation in lieu of a notarized affidavit — with the same legal force and effect.

For personal injury attorneys, no-fault practitioners, and commercial litigators across Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx, this is one of the most significant procedural changes in a generation.

What Changed: The Old Rule vs. The New Rule

Before January 1, 2024 — The Certificate of Conformity Era

Under the old framework, if you needed a sworn statement from a witness located outside New York, you had two options — both cumbersome:

1. Notarized affidavit + certificate of conformity: The witness had to find a notary, execute the affidavit before them, and then obtain a separate certificate of conformity under Real Property Law § 299-a confirming that the notary was authorized under that state’s laws. If the certificate was deficient — wrong format, missing seal, incomplete language — the entire affidavit could be rejected.
2. Limited affirmation (attorneys and healthcare professionals only): Under the old CPLR § 2106, only attorneys, physicians, osteopaths, and dentists could submit unnotarized affirmations. Everyone else — including the parties themselves, fact witnesses, expert witnesses outside medicine, and business record custodians — needed a notarized affidavit.

The result was a procedural minefield. As we documented in our analysis of the Andromeda Medical Care decision, courts routinely rejected affidavits where the certificate of conformity did not strictly comply with Real Property Law § 299-a — even when the underlying testimony was perfectly credible.

After January 1, 2024 — The Affirmation Era

The amended CPLR § 2106 eliminates these barriers entirely. The new statute provides:

“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.”

The required language is straightforward:

No notary. No seal. No certificate of conformity. No Real Property Law § 299-a compliance. Just a signature and the affirmation language.

Why This Matters: Practical Impact on New York Litigation

New York courts now accept unnotarized affirmations under the amended CPLR § 2106, streamlining civil litigation practice.

1. Out-of-State Documents Are Now Simple

The most immediate impact is on out-of-state witness statements. Previously, getting a properly executed affidavit from a witness in Florida or California meant coordinating notary appointments, explaining certificate of conformity requirements to confused out-of-state notaries, and risking rejection if any technical requirement was missed. Now, the witness simply signs the affirmation with the statutory language. Done.

For Long Island personal injury attorneys handling cases with out-of-state medical providers, expert witnesses, or accident witnesses who have relocated, this eliminates what was often weeks of delay.

2. No-Fault Insurance Litigation Gets Streamlined

No-fault practice in Nassau County and Suffolk County frequently involves medical providers, billing companies, and insurance adjusters located outside New York. Under the old rules, obtaining proper affidavits from these out-of-state parties was a constant source of procedural challenges — and a favorite weapon for insurance companies looking to defeat summary judgment motions on technical grounds.

The CPLR § 2106 amendment removes this weapon from insurers’ arsenal. An affirmation from an out-of-state medical provider or billing specialist now carries the same weight as a locally notarized affidavit.

3. Business Records Certification Simplified

Under the old regime, certifying business records for admission under CPLR § 4518(c) often required a notarized affidavit from the records custodian. If that custodian was in another state, the certificate of conformity requirement applied. Now, the custodian can simply affirm the records under CPLR § 2106 without involving a notary at all.

4. Summary Judgment Practice Transformed

Summary judgment motions in New York courts require sworn evidentiary support. The number of motions that have been denied — or had key evidence excluded — due to deficient out-of-state affidavits or missing certificates of conformity is staggering. The amended CPLR § 2106 should dramatically reduce these technical defeats, allowing courts to focus on the merits of the evidence rather than the formalities of its execution.

Facing a summary judgment motion in New York? The Law Office of Jason Tenenbaum has extensive experience with summary judgment strategy and procedural compliance across Nassau County, Suffolk County, and NYC courts. Call (516) 750-0595 or contact us online.

5. Alignment with Federal Practice

New York has now joined the federal courts and numerous other states that accept unsworn declarations under penalty of perjury. The federal version — 28 U.S.C. § 1746 — has been in effect since 1976. New York’s adoption of a similar standard brings state practice into the modern era and eliminates the confusion that arose when attorneys practiced in both state and federal courts with different documentation requirements.

What This Means for the Certificate of Conformity

While CPLR § 2309(c) — the statute requiring certificates of conformity for out-of-state oaths — has not been formally repealed, the practical effect of the CPLR § 2106 amendment is to render it largely obsolete for litigation purposes. Why would any attorney go through the process of obtaining a notarized affidavit with a certificate of conformity when a simple affirmation achieves the same legal result?

That said, practitioners should be aware that CPLR § 2309(c) remains on the books. In non-litigation contexts where affirmations under CPLR § 2106 may not apply — such as certain real property filings or administrative proceedings — the certificate of conformity requirement may still be relevant.

Practical Guidance for New York Attorneys

Attorneys: Need to refer a New York personal injury case? Jason Tenenbaum handles car accidents, construction accidents, medical malpractice, slip and fall, and other personal injury claims across Long Island and NYC. Learn about the firm or call (516) 750-0595 to discuss a referral.

Frequently Asked Questions

Does the CPLR § 2106 amendment mean I never need a notary for New York litigation?

For most litigation purposes, yes. An affirmation under the amended CPLR § 2106 can be used “in lieu of and with the same force and effect as an affidavit.” However, certain non-litigation filings — such as real property recordings or some administrative proceedings — may still require notarized documents.

Do I still need a certificate of conformity for out-of-state documents?

If you use an affirmation under CPLR § 2106 instead of an affidavit, no certificate of conformity should be required because the certificate requirement under CPLR § 2309(c) applies specifically to out-of-state oaths — and an affirmation is not an oath. However, until appellate courts definitively address this question, cautious practitioners may want to include one as a belt-and-suspenders measure.

Can non-attorneys now submit affirmations in New York?

Yes. This is one of the most significant changes. Previously, only attorneys, physicians, osteopaths, and dentists could submit affirmations. Now any person — parties, fact witnesses, expert witnesses, business custodians — can submit an affirmation under CPLR § 2106.

What happens if I use the old affidavit format instead of an affirmation?

Notarized affidavits remain valid. The amendment does not prohibit affidavits — it simply provides an alternative that carries equal weight. If you already have a notarized affidavit, it is still fully acceptable.

When did this change take effect?

The amendment took effect on January 1, 2024, after being signed by Governor Hochul in October 2023. It applies to all actions and proceedings commenced on or after that date, and should also apply to pending actions where new submissions are made after the effective date.

The Bottom Line

The amendment to CPLR § 2106 is one of the most consequential changes to New York civil procedure in decades. It eliminates a procedural trap that has cost litigants time, money, and — in some cases — their claims. For personal injury attorneys, no-fault practitioners, and commercial litigators on Long Island and throughout New York City, this change simplifies practice, reduces technical defaults, and brings New York in line with the modern approach to sworn statements.

If you are involved in litigation in New York and have questions about how the CPLR § 2106 amendment affects your case, or if you have been injured and need experienced legal representation, the Law Office of Jason Tenenbaum is ready to help. We handle the full spectrum of personal injury and civil litigation matters across Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and throughout New York State.

For attorneys: Whether you need co-counsel on a complex case or want to refer a New York personal injury, car accident, or construction accident matter, we welcome the opportunity to work together. Browse our full list of practice areas to learn more.

Free consultation — no fee unless we win. Call (516) 750-0595 to speak with Jason Tenenbaum directly, or contact us online to get started.

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