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NY Assembly 5772


State: New York
Signed: October 25, 2023

Effective: January 01, 2024
Chapter: 559


Assembly 5772 allows any person to submit an affirmation under penalty of perjury in a civil action in lieu of a notarized affidavit 

Amends Rule 2106 of the Civil Practice Law and Rules 
  1. Allows any person in a civil action, not just an attorney, physician, osteopath, dentist, or person physically located outside the jurisdiction of the United States, to submit an affirmation under penalty of perjury in lieu of and with the same force and effect as an affidavit  

New York becomes the latest state to allow certain written statements to be made under penalty of perjury rather than be sworn before a Notary. Similar unsworn declaration laws have been adopted by the federal government, and in many states. Proponents of Assembly 5772 argued that the notarization requirement for documents in civil proceedings was a barrier to accessing justice for some New Yorkers.  

The NNA wishes these laws were not necessary because we believe that a notarial act always imparts a layer of security to any document transaction, or in this case, an oath or affirmation made before a Notary. The NNA does recognize that not everyone is able to access a Notary at a time of need, and that in cases like the ones Assembly 5572 addresses, another option is necessary.