Simplifying Civil Litigation: New York's Legal Landscape Transformed By Passage of New Law, Allowing Affirmations In Lieu of Affidavits in Civil Litigation
Nov. 7th, 2023 12:00 pm
In a progressive move towards streamlining the civil litigation process, New York State Governor Hochul recently signed into law bills that amend the New York Civil Practice Law & Rules (CPLR) Section 2106, marking a pivotal shift in the procedural dynamics of civil litigation. Effective from January 1, 2024, the amendments apply to both ongoing and future actions, aiming to remove bureaucratic hurdles that have traditionally impeded the swift progression of legal processes.
The crux of these amendments lies in the expansion of individuals authorized to submit affirmations under penalty of perjury in lieu of affidavits under CPLR §2106. Previously, this privilege was reserved for attorneys, physicians, osteopaths, dentists, and persons residing outside the jurisdiction of the US. However, the new law now extends this right to all individuals involved in a case. This is a substantial step towards alleviating the often-burdensome requirement of procuring affidavits, a change that resonates with the federal practice and aligns New York with over 20 other states.
A noteworthy point of this amendment is the introduction of a standard affirmation form:
“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.”
By easing this process, this change to CPLR 2106 is expected to save precious time and resources for litigants, non-party witnesses, and attorneys. Especially in rural communities, where notary services may be scarce, far away, or financially burdensome, this amendment could significantly enhance access to legal recourse. The bills’ sponsors highlighted the potential of these laws in relieving unnecessary burdens on litigants, non-party witnesses, county clerks, and courts, paving the way for a more accessible and efficient judicial system.
The change beckons a new era of civil litigation in New York, where the focus can shift from bureaucratic hurdles to the core legal issues at hand. It underscores the importance of having experienced legal counsel to navigate the complexities of civil process and procedure. Our seasoned attorneys at The Zoghlin Group, PLLC are adept at maneuvering through the intricate legal landscape of New York State Courts, offering guidance and robust representation in civil litigation matters. With the landscape evolving, having a knowledgeable attorney by your side can make a significant difference in the progression and outcome of your case. Reach out to us, and let’s navigate the realms of New York’s civil litigation together, in this newly simplified legal environment.
The Zoghlin Group, PLLC has experience in civil litigation representing a wide range of individuals, municipalities, developers, neighborhood groups, and property owners. If you have questions or are seeking assistance with civil litigation issues related to New York State Environmental Law, Land Use & Zoning Law, Energy Law, or Municipal Law, contact Jacob H. Zoghlin, Esq. or Mindy L. Zoghlin, Esq. at The Zoghlin Group.
DISCLAIMER: This blog is made available by the lawyer/law firm for educational purposes only. Except as expressly provided to the contrary in a signed writing, all materials provided on this website, including these blogs, are provided on an “as-is” basis without warranties of any kind, either express or implied. It provides only general information and commentary on the law and/or legal issues in the news. Nothing herein provides specific legal advice. These contents may further constitute Attorney Advertising. By using this website you understand, acknowledge, and agree that there is no attorney client relationship between you and the blog, lawyer, or law firm. The blog posts should not be used as a substitute for legal advice from a licensed professional attorney in your state.
