Governor Hochul signed a new law, Bill A05772, with an effective date of January 1, 2024. The new law amended CPLR2106 and allows more flexibility and legalizes the use of affirmations in lieu of affidavits, from any person.

After several years of lobbying by the New York State Professional Process Servers Association, this law will bring New York State inline with Federal Court Practice and states like California and Florida and approximately eighteen other states. The previous version of the rule was limited to lawyers, doctors, and dentists. The new rule also changes the language on affirmation, including, the words, I affirm” the date. “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.”   From the process servers’ point of view This change and flexibility in the rule will make getting proof of service back to clients much more efficient and eliminate the difficulties and cost of getting notarized affidavits back from out of state cases.

Along with NYSPPSA, the law had the support of the New York Bar Association and  various New York State Jurisdictional committees.

There are still concerns whether the affirmation can be used as proof of service on all types of cases, and clarification will come with use and case law.