Accessing the Courts: Why New York Should Eliminate The Dreaded, Needless and Unduly Complex 'Certificate Of Conformity'
On May 31, 2023, the New York Legislature passed a bill that would eliminate the requirement to notarize affidavits in civil lawsuits. The bill substantially changes how litigants can introduce witness testimony in New York, bringing it in line with federal courts and other jurisdictions that allow witnesses to offer sworn statements by declaring what they say is true "under penalty of perjury."
September 06, 2023 at 12:00 PM
4 minute read
On May 31, 2023, the New York Legislature passed a bill that would eliminate the requirement to notarize affidavits in civil lawsuits. A.B. 5772, 2023-2024 Leg. Assem. (N.Y. 2023) ("A5772"). Should Governor Hochul sign the bill into law, New York courts will admit into evidence the statement of any witness without requiring it to be notarized, so long as the witness affirms the truthfulness of their statement "under the penalties of perjury."
The bill substantially changes how litigants can introduce witness testimony in New York, N.Y. C.P.L.R. §2106, bringing New York in line with federal courts and other jurisdictions that allow witnesses to offer sworn statements merely by declaring what they say is true "under penalty of perjury," 28 U.S.C. §1746.
New York's bill has rightfully been celebrated as a "major access-to-justice victory." Marco Poggio, NY Legal Aid Orgs. Cheer New Law Ditching Civil Notarization, Law360 (June 1, 2023). It reduces costs and complexity for litigants needing to submit evidence in all sorts of cases because affidavits will not need to be notarized.
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