The vast majority of court business is done outside the courtroom, with live testimony far less common than written proof. Such written proof usually is in the form of an affidavit or affirmation submitted under penalty of perjury.
CPLR §2101 dictates the form of papers, and among other things requires the paper to be white in color, 11 inches by 8 ½ inches in size (with some exceptions), and printed with black ink.1 Section 2101(a) requires that “[b]eneath each signature shall be printed the name signed.” For this reason, hard-copy affirmations usually contain an ink signature. However, the Appellate Division, First Department, recently held in Martin v. Portexit2 that affirmations containing electronic signatures will suffice to meet the “subscribing” requirement of CPLR §2106.3
‘Martin’
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