New York County Lawyers Association Reiterates Support for S. 51262 Amending CPLR 2106, and Urges the Governor to Sign It Into Law

New York County Lawyers Association Reiterates Support for S. 51262
Amending CPLR 2106, and Urges the Governor to Sign It Into Law

The New York County Lawyers Association (NYCLA), today issued the following statement:

The New York County Lawyers Association is delighted that legislation its officers supported, which would permit unsworn declarations under penalty of perjury to be used in litigation in lieu of notarized affidavits, has been passed by both houses of the NYS legislature. We urge Governor Hochul to sign it into law.

By way of background, on May 15, 2023, NYCLA’s officers issued a statement expressing support for proposed legislation that would amend CPLR 2106 to bring New York practice into conformity with federal practice (and with the practice in many other states) by permitting unsworn declarations under penalty of perjury to be used in litigation in lieu of notarized affidavits.

NYCLA president Adrienne Koch stated, “As we noted in our May 15 statement, by alleviating the current burden imposed on New York litigants and litigators by the current notarization requirements, this legislation will improve access to justice.  What is more, because it is limited to documents for use in litigation, it will work that improvement without implicating any concerns about fraud in connection with other kinds of documents such as wills and deeds.”

Accordingly, NYCLA’s officers reiterate our support for the enactment of S 5162 and the amendment of CPLR 2106 to align it with 28 USC § 1746 and to allow litigants in civil cases to swear to a statement under penalty of perjury without having to have a document notarized.  Again, we urge the Governor to sign it.

About the New York County Lawyers Association

The New York County Lawyers Association (www.nycla.org) was founded in 1908 as one of the first major bar associations in the country that admitted members without regard to race, ethnicity, religion or gender, and has a long history of supporting the rights of LGBTQ+ people. Since its inception, NYCLA has pioneered some of the most far-reaching and tangible reforms in American jurisprudence. For more information on NYCLA please visit nycla.org.

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