Expands the acceptable uses of affirmations in civil actions.
Summary
S08195 amends Rule 2106 of the Civil Practice Law and Rules to broaden the kinds of sworn statements that can be used in New York civil actions in place of a traditional affidavit. Under the bill, a person’s written affirmation under penalties of perjury may be used with the same force and effect as an affidavit, and the bill expressly extends that treatment to additional civil litigation documents such as certificates, responses to notices to admit, answers to interrogatories, verifications of pleadings, bills of particulars, and other sworn statements. The measure also updates the model affirmation language to account for statements made on information and belief.
The bill is intended to make civil practice more flexible and efficient by allowing more filings and litigation submissions to be made by affirmation rather than requiring notarization or other formal oath procedures in many situations. It takes effect immediately and is framed as a procedural change to court practice rather than a substantive change in rights or remedies. The bill was introduced at the request of the Unified Court System, indicating it is meant to streamline litigation practice for courts and practitioners.
The overall sentiment around the bill appears strongly favorable and noncontroversial. It passed the Senate Judiciary Committee unanimously, then cleared both the Senate and Assembly floor votes unanimously, suggesting broad bipartisan support and little disagreement over the need for the change. The lack of recorded opposition or committee discussion also points to a technical, administrative bill with limited political controversy.
The main point of caution in the text is that the expanded affirmation rule does not override existing domestic relations law requirements for matrimonial agreements, which must still be acknowledged in deed form. That carveout preserves a special formal requirement in family-law matters while otherwise expanding the use of affirmations in civil cases. In practical terms, the bill affects litigants, attorneys, and courts by reducing reliance on notarized affidavits and making certain civil filings easier to prepare and submit.
Impact
The bill amends CPLR Rule 2106 to expand the legal effect of affirmations in civil actions, allowing more sworn statements to substitute for affidavits and related notarized documents. It affects civil litigants, attorneys, and the court system by simplifying filing and proof requirements, while preserving the separate acknowledgment rules for matrimonial agreements under the Domestic Relations Law.
Sentiment
The bill appears to have been received very positively and as a technical court-administration measure. It passed the Senate Judiciary Committee 17-0 and then passed both chambers unanimously, indicating broad support and no recorded opposition in the available materials.
Contention
There is little visible contention around the bill. The only notable limitation is the explicit preservation of Domestic Relations Law requirements that matrimonial agreements be acknowledged in deed form, which suggests care was taken not to alter family-law formalities. Otherwise, the measure seems to have been viewed as a straightforward modernization of civil practice requested by the Unified Court System.
Defines the term "satisfaction" in relation to the satisfaction of judgments; allows satisfaction of judgments to be filed by affirmation rather than after notarization; increases the time during which attorneys may file satisfaction of judgment from ten to twenty years; clarifies that the twenty-day time limit applicable to filing satisfactions of judgment is measured in business days.
Relates to expenses in matrimonial actions; establishes there is a rebuttable presumption that certain itemized bills or invoices shall be admissible in evidence.
Relates to expenses in matrimonial actions; establishes there is a rebuttable presumption that certain itemized bills or invoices shall be admissible in evidence.