We are a notary service, so we will start with the part that costs us work: for many New York court filings, you probably do not need us anymore.
Since January 1, 2024, New York allows any person to submit an affirmation under penalty of perjury in place of an affidavit in a civil action. No notary required.
Same day across the five boroughs, evenings and weekends, or online in minutes. Bring it completed and unsigned. Book a notarization →
What changed
Affirmations used to be limited to attorneys, physicians and a few other categories. Everybody else swore an affidavit in front of a notary.
Legislation signed in October 2023, effective at the start of 2024, amended CPLR 2106 so that an affirmation by any person, wherever made, subscribed and affirmed to be true under the penalties of perjury, may be used in a New York civil action in lieu of and with the same force and effect as an affidavit.
The rule includes standard statutory wording, along the lines of affirming under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, with an acknowledgment that the document may be filed in a court proceeding.
Use the current statutory language exactly rather than paraphrasing it, and take it from the rule or from your court’s form rather than from any article.
Why this is good for you
It removes a genuine obstacle for people handling their own matters.
No appointment, no travel, no fee, and no problem where a signer is out of state or cannot easily get to a notary. For a person filing papers on a deadline, that is a real improvement.
It also removes a category of technical failure. Affidavits used to be rejected over defective notarial certificates, which had nothing to do with the merits of anybody’s case.
Where you still need a notary
The change is narrower than it first appears, and this is the part worth reading carefully.
It applies to New York civil actions. It is not a general rule that sworn documents no longer need notarizing.
Documents going to other states follow that state’s rules. See documents for courts elsewhere.
Federal courts and agencies have their own requirements.
Non court documents are unaffected. Deeds, powers of attorney, small estate affidavits, vehicle forms, bank and insurance paperwork, immigration and consular documents, and anything heading abroad for an apostille still require what they always required.
Some specific proceedings and forms may still call for a notarized affidavit, and a particular court, agency or opposing party may want one regardless.
So the question is not whether affidavits are obsolete. It is whether your specific filing, in your specific court, accepts an affirmation.
How to find out
Read the form. Many New York court forms now carry affirmation language directly, and if yours does, use it.
Where the form has a notarial block instead, ask the clerk’s office or check the court’s instructions. Clerks answer this question routinely.
And where an attorney is handling your matter, follow their direction rather than this page.
Take it as seriously either way
An affirmation is not a lesser document. You are affirming under penalty of perjury, which the statutory language spells out plainly, including that it may involve a fine or imprisonment.
The absence of a notary does not soften that. Read what you are affirming, make sure it is true, and do not affirm to matters you do not actually know.
Where you would rather have a notarization anyway, because a document is being used in several places or you want the identity verification on the record, we are happy to do it. Just do not pay for one because you assumed it was required.
The difference between the two acts
Worth understanding, because the words get used loosely.
An affidavit is a written statement sworn or affirmed in front of an officer authorized to administer oaths, usually a notary, who completes a certificate recording that it happened.
An affirmation under the amended rule is a written statement affirmed to be true under penalty of perjury by the person making it, without a notary.
Note that affirmation has always had a second meaning as well: a notary administers an oath or an affirmation, and a person whose beliefs do not permit swearing may affirm instead, with identical legal weight. That option exists in every notarization and always has.
So a person may affirm in front of a notary, and may now also affirm without one for New York civil filings. Different things, same word.
What we tell people who call
Most of these calls start the same way: somebody has a court form, sees a signature line, and assumes they need a notary.
Our first question is what the document is and where it is going. If it is a New York civil filing and the form carries affirmation language, we say so and tell them they can sign it themselves.
That costs us the appointment and it is the right answer. A notarization that was never required is money you did not need to spend, and you would find out eventually.
Where a notarization is required, and there is still a great deal that requires one, we can usually handle it the same day, in person or online in minutes.
Keep your copy
Whether you affirm or swear, keep a copy of exactly what you signed and the date.
Filed documents get referred back to, quoted, and occasionally challenged. Being able to produce the version you actually submitted, rather than the draft you think you submitted, matters more than which act you used.
If you already had something notarized
It is still perfectly good. An affidavit sworn in front of a notary remains an affidavit, and nothing about the amendment invalidates documents executed the old way.
Courts continue to accept affidavits. The change added an option; it did not remove one.
So if you notarized something last month, or if your attorney prefers affidavits as a matter of practice, there is nothing to redo.
For attorneys and firms
The amendment also changed how attorney affirmations work, since the uniform statutory language now applies across the board rather than attorneys having a separate route.
Firms have adjusted their templates at different speeds, and some are still using pre 2024 wording. If your office has not reviewed its forms since the amendment, that is worth an hour.
Where a matter involves several states, remember the affirmation option is a New York civil practice rule. Documents destined elsewhere follow that jurisdiction, and a New York style affirmation may not satisfy it.
We handle same day notarizations for firms across the five boroughs, including at closings and on deadline, through our business notary service.
Related reading
- Affidavits of service in New York
- Getting a sworn statement right
- Representing yourself: which forms need a notary
- Documents for courts in other states
- Oaths, depositions and notaries
This is general information, not legal advice, and NotarEaseNYC is not a law firm. A notary cannot tell you what to file, draft a document, or advise on a case. Court rules differ by court and by type of proceeding, so follow the instructions from the court handling your matter and speak with an attorney where anything significant is at stake.