“Unsworn Affirmations” Bill – Enhancing New York’s Legal Landscape21 December 2023

The New York City Bar Association has been a strong proponent of this change since 2021, advocating for a legal framework that is more accommodating and less cumbersome for litigants and witnesses. The new law allows the use of unsworn affirmations under penalty of perjury as an alternative to sworn affidavits or affirmations that traditionally required notarization by a public notary.

Under the current legal system, unsworn declarations are limited to specific professional groups and circumstances, i.e., for attorneys, physicians, osteopaths, and dentists, or for declarations made outside the United States. This restriction posed significant challenges, particularly for unrepresented individuals and those residing in areas with limited access to notarial services. The difficulties were further highlighted during the COVID-19 pandemic, underscoring the need for a more flexible legal procedure.

The amendment is seen as a response to these challenges, aiming to alleviate the burden on litigants, non-party witnesses, and the legal system as a whole. It is expected to reduce the undue pressure on county clerks and courts, often burdened with providing notarial services to those unable to afford or access them. A notable aspect of this new law is the specific language of the unsworn affirmation that will be used starting January 1, 2024. The standardized format is as follows:

“I affirm this ___ day of ______, ____, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law.
(signature)”