AnalysisSenate Bill 8195 expands the use of unsworn affirmations as substitutes for sworn affidavits in New York. Originally, such affirmations were authorized in 1963 for physicians filing unsigned statements. In 2014, the law was broadened to allow all individuals to use affirmations, but only when signed outside the United States. A 2023 amendment further permitted affirmations in place of affidavits for all persons, regardless of location. However, uncertainty remained about whether affirmations could replace other sworn documents, such as verified pleadings, answers to interrogatories, responses to notices to admit, and bills of particulars. Senate 8195 resolves this by explicitly allowing these documents to be submitted without sworn affidavits. The bill also clarifies that these changes do not alter the Domestic Relations Law requirement that matrimonial agreements must be acknowledged in deed form. (Summarized from bill sponsor’s Memorandum of Support, dated May 21, 2025).
The NNA generally prefers the law to retain requirements for sworn affidavits, but recognizes that bills like Senate 8195 are increasingly favored for making the legal system more accessible.
Read Senate 8195.