An important shift in the legal process will take place in New York in 2024 when the privilege of affirmation is expanded in place of notarization. With the new year, everyone may make use of the option that was previously restricted to lawyers, doctors, osteopaths, dentists, and anyone living outside of the United States. This is thanks to changes made to CPLR Rule 2106 by Governor Kathy Hochul.
The statute aims to reduce difficulties for litigants, witnesses, clerks, and courts by bringing New York into compliance with federal and over twenty other state standards. The new regulation, which is viewed as a response to the difficulties in getting notarization, particularly for clients overseas or considering the COVID-19 epidemic, allows the use of a signed statement under the penalty of perjury.
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Some who oppose the move might wonder if it fosters perjury or baseless lawsuits. Nonetheless, the legislative justification points to a practical approach rather than a substantial change in the law. A statute comparable to this was enacted in Maryland about ten years ago, permitting affirmation for people who take their oaths with great care.
This change may just be a convenience for clients and legal professionals who are used to notary stamps rather than a significant procedural disruption. With speed as the priority in an increasingly digital and international legal environment, the amendment represents a modern approach to legal affirmations.
