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Bill

Bill

S 8195

Relates to an affirmation by any person, wherever made, in a civil action

2025 Regular Session Introduced by Brad Hoylman-Sigal

New York law now permits civil litigants to make sworn affirmations anywhere without notarization, reducing procedural costs while maintaining perjury penalties.

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Bill Summary · S 8195

Legislative bill overview

S 8195 modernizes New York's civil litigation procedures by allowing parties to make affirmations (sworn statements) in lieu of affidavits without requiring notarization or specific ceremonial language. The bill permits affirmations to be made anywhere and in any form, provided they contain a statement that the person understands perjury laws apply. This aligns with broader legal modernization efforts that recognize digital and informal verification methods.

Why is this important

The change reduces procedural barriers and costs for individuals and small businesses involved in civil litigation, particularly those who cannot easily access notary services or who work across multiple jurisdictions. It streamlines court processes by eliminating unnecessary formalities while maintaining the legal consequence of perjury to ensure truthfulness. This reflects a practical modernization of evidence rules that haven't kept pace with how people actually communicate and verify information today.

Potential points of contention

  • Verification standards: Eliminating notarization requirements may raise concerns about whether informal affirmations provide adequate verification compared to notarized affidavits, potentially affecting document credibility in disputes
  • Fraud prevention: Opponents may worry that reducing procedural safeguards makes it easier for dishonest parties to submit false statements without the deterrent effect of formal notarization
  • Implementation inconsistency: Courts and legal professionals may face confusion about what constitutes a valid affirmation under the new standard, leading to inconsistent application across jurisdictions

Compiled from official sources — confirm details with the bill’s official record.

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