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
Litigation
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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Lululemon Faces Legal Fire Over Its DEI Program After Bias Complaints Surface
3 minute read
Poll Workers Seek Contempt Against Rudy Giuliani, Alleging Continued Defamation
Rudy Giuliani's Attorneys Seek Withdrawal in Debt Enforcement Case
Law Firms Mentioned
Trending Stories
- 1Perkins Coie Boasts Diverse Partner Class
- 2NY Judge Indefinitely Delays Sentencing in Trump Hush Money Case
- 3US Supreme Court Tries to Define a 'Crime of Violence'
- 4How I Made Practice Group Chair: 'Think About Why You Want the Role, Because It Is Not an Easy Job,' Says Aaron Rubin of Morrison Foerster
- 5People in the News—Nov. 22, 2024—Marshall Dennehey, Buchanan Ingersoll
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
