English ranks third in the world among languages spoken as a native language,1 and with about a half-billion second-language English speakers, it is the second most popular world language overall. That still leaves a lot of people out there who may need some help if they are to give proof in a New York civil action.
CPLR 2106 was amended last year to allow affirmations instead of affidavits by any person physically outside the United States or its possessions, but this amendment did not address the language used in foreign documents, or how a foreign language speaker can prepare a document admissible as proof in New York. CPLR 2101(b) provides pretty clear instructions on how this is done, so it is surprising how many trial and appellate cases involve non-compliant affidavits that ultimately are rejected by the court.
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