We’ve all been there as lawyers: rushing to meet a deadline, you carefully put together your client’s argument only to realize you need a statement from them to fill in a crucial missing fact—is there enough time to get the client’s notarized signature on the affidavit?

Many increased heart rates and elevated blood pressure readings have been attributed to this common scenario in New York…but no longer because help is here in the form of NY State Senate Bill 2023-S5162, which was recently signed into law by Governor Hochul (in October 2023).

The new law, which goes into effect on January 1, 2024, amends CPLR 2106 to allow any person to submit an affirmation instead of a notarized affidavit in support of their statements in motions and pleadings. Before the change, the law permitted only lawyers and some healthcare professionals to dispense with the notary.

Many groups in the legal community advocated for the new law because the notarization requirement was a burden on many litigants, particularly low-income and disabled ones, who often ran into problems getting their signatures notarized in time to file required documents. It was a silly way to lose a case, but it happened more than once. And it was entirely unfair, especially because the act of paying $1-2 for that notary stamp seems to have zero effect on the lofty goal of increasing truthtelling in the courts.

Many states across the country already allow unnotarized client statements to be submitted in civil law cases (notably California, where such statements are called declarations). Federal courts allow it, too. New York is now among the reasonable ones on this point.

As an appellate attorney, I am happy to see this change in the law. In my work, I focus on the strongest (or weakest) substantive arguments (depending on whether I am pursuing or defending an appeal). Every so often, I see an argument that a motion should be denied because a client’s affidavit was not properly notarized. I hate procedurally nitpicky arguments: they avoid serious issues in favor of technicalities that have little to do with justice. It’s a terrible way to win or lose a case. I’m glad deficient notarizations will no longer distract from more compelling reasons for granting or denying a litigant’s demands.

If you are a lawyer who needs help pursuing or defending your client’s appeal, get in touch with me here to schedule a time to discuss the arguments.

Or, sign up for my newsletter to stay in touch.