By Zachary J. Raber
Governor Kathy Hochul signed new legislation today, November 24, 2025, that makes important clarifying amendments to Rule 2106 of the Civil Practice Law and Rules. Bill A8302/S8195 clarifies and expands the use of affirmations in civil practice under CPLR 2106. Although CPLR 2106 has long permitted attorneys and physicians to submit affirmations in lieu of affidavits, it was later expanded, effective January 1, 2024, to allow all persons to use affirmations both abroad and within the United States in lieu of notarized affidavits. However, significant ambiguity remained as to the scope of documents for which affirmations could substitute. Courts and practitioners questioned whether the statute permitted affirmations to replace other sworn statements, including verified pleadings, interrogatory answers, responses to notices to admit, certificates, and bills of particulars. This uncertainty resulted in inconsistent rulings and, in some cases, adverse consequences for litigants who relied on one interpretation only to have a court adopt another.
The new amendment resolves this problem by expressly enumerating the full range of civil documents for which an affirmation may now substitute, including affidavits, certificates, responses to notices to admit, answers to interrogatories, verifications of pleadings, bills of particulars, and any other sworn statement. The bill also confirms that these changes do not alter the requirement in the Domestic Relations Law that matrimonial agreements must be acknowledged with the same formality as a deed.
The amendment further provides updated statutory language for use in an affirmation, which now reads:
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, except as to matters alleged on information and belief and as to those matters I believe it to be true, and I understand that this document may be filed in an action or proceeding in a court of law.
