New York Assembly Bill A08302

New York 2025-2026 Regular Session

• Introduced: 5/12/25
• Refer: 5/12/25
• Report Pass: 6/16/25
• Refer: 6/16/25

Caption

Expands the acceptable uses of affirmations in civil actions.

Summary

A08302 amends Rule 2106 of the Civil Practice Law and Rules to broaden when a written affirmation can be used in a New York civil action in place of a traditional affidavit. Under the bill, a person’s statement, subscribed and affirmed under penalties of perjury, may be used with the same force and effect as an affidavit and also for several other sworn filings, including certificates, responses to notices to admit, answers to interrogatories, verifications of pleadings, bills of particulars, and other sworn statements. The bill keeps the existing requirement that the affirmation be made under penalties of perjury and includes a standard form for the affirmation language. The bill also clarifies that it does not override the Domestic Relations Law requirement that matrimonial agreements be acknowledged in deed form. It takes effect immediately and is described as expanding the acceptable uses of affirmations in civil litigation, which should reduce the need for notarized affidavits in covered circumstances and streamline filing and practice in court. The overall sentiment reflected in the available legislative history is strongly favorable. The bill advanced through the Assembly Rules Committee and the Assembly Ways and Means Committee unanimously, with no recorded opposition in the provided votes. The fact that it was introduced at the request of the Unified Court System suggests institutional support from the judiciary and court administration for simplifying civil practice procedures. There is little visible contention in the available materials. The only explicit limitation in the bill is the preservation of special acknowledgment rules for matrimonial agreements, which appears designed to avoid conflict with domestic relations law rather than to create a disputed policy change. No committee transcript objections are provided, and the unanimous committee votes indicate that any concerns were either minimal or resolved before committee action.

Impact

The bill would amend New York civil procedure law by expanding CPLR Rule 2106 to allow affirmations, rather than affidavits, to be used for a wider range of sworn submissions in civil cases. This affects litigants, attorneys, and courts by making more filings eligible for unsworn-but-affirmed treatment, potentially reducing notarization burdens and simplifying litigation practice. It also preserves existing domestic relations requirements for matrimonial agreements, so those documents remain subject to acknowledgment rules under the Domestic Relations Law.

Sentiment

The available legislative record shows a positive and noncontroversial reception. The bill passed the Assembly Rules Committee unanimously and the Assembly Ways and Means Committee unanimously, with no recorded nay votes. Because it was introduced at the request of the Unified Court System, the bill appears to have institutional backing from court stakeholders and to be viewed as a practical procedural reform rather than a partisan measure.

Contention

There is no significant opposition reflected in the provided votes or transcripts. The main legal boundary in the bill is the express carveout for matrimonial agreements, which preserves the Domestic Relations Law requirement that they be acknowledged in deed form. That limitation suggests an effort to avoid unintended effects on family-law documents, but no stakeholder in the provided materials is shown actively contesting it.