On November 21, 2025, Governor Kathy Hochul signed Senate Bill S8195, a critical piece of legislation that clarifies the scope of CPLR 2106. This amendment resolves the lingering confusion from the 2024 “sea change” and solidifies the use of unsworn affirmations in New York civil actions.
While the state has expanded the use of affirmations to streamline litigation, the role of the professional notary remains the “gold standard” for high-stakes verification. Here is how the new landscape of 2026 divides the “convenient” from the “ironclad.”
Affirmation vs. Affidavit: The 2026 Breakdown
The 2025 amendment clarifies that “any person”—regardless of their profession or location—can submit an unsworn affirmation in lieu of a notarized affidavit for most civil court purposes.
| Document Type | Affirmation (Unsworn) Allowed? | jbensonNotary Recommendation |
| Pleadings & Bills of Particulars | Yes | Use affirmation for speed in routine filings. |
| Interrogatories & Notices to Admit | Yes | Affirmation is now the standard for these responses. |
| Information and Belief Statements | Yes | Expanded utility for secondary source info. |
| Deposition Transcripts | No | Professional Notary Required to ensure record integrity. |
| Oaths of Office | No | Professional Notary Required for official public power. |
| Matrimonial Agreements | No | Acknowledged Deed Form Required (Notary essential). |
| Real Estate & Deeds | No | Professional Notary Required per Domestic Relations Law. |
Why the Professional Notary is Still Your Greatest Legal Shield
While the legislature has made it easier to file “commonsense” court documents, jbensonNotary remains the essential partner for transactions that require more than just a “penalty of perjury” promise.
1. The Identity Fraud Safeguard
The amendment allows for statements “on information and belief,” which broadens evidentiary utility but increases the risk of identity spoofing. At jbensonNotary, we utilize biometric verification and credential analysis. We don’t just take a signature at face value; we provide proof of identity that an unsworn affirmation simply cannot offer.
2. Mastery of the “9-Touch” Accuracy Protocol
The Senate admitted that “ambiguity resulted in situations where a practitioner adopted one interpretation and a court made the opposite.” In a world of legal grey areas, you need a partner with an obsessive focus on detail. We “touch” every single file 8 or 9 times to ensure that your document meets the strict jurisdictional contours of 2026 New York law.
3. Remote Online Notarization (RON) for High-Stakes Needs
Litigants without “reliable broadband” may find affirmations easier, but for the sophisticated New York professional, we bring the technology to you. Our RON mastery allows you to execute notarized affidavits—the preferred format for lenders and international agencies—from anywhere in the world via secure, encrypted video.
4. Bridging the Gap for Exceptions
Because CPLR 2106 explicitly excludes depositions, matrimonial agreements, and oaths of office, you cannot navigate a full civil action without a reliable notary partner. jbensonNotary provides the energy, the mobile infrastructure, and the professional precision required for these mandatory “notary-only” zones.
A Better Way to Execute Your Case
The 2025 amendment is a victory for streamlined procedure, but it doesn’t replace the need for professional execution. Whether you need a mobile notary to witness a matrimonial agreement or you want to utilize the latest RON technology for a high-stakes deposition, jbensonNotary is your most reliable, executive-grade partner.
Launched in 2026, we provide the human element of your high-tech transactions, ensuring your documents stand up to any level of judicial scrutiny.
Ready to ensure your filings are 100% compliant and bulletproof? Visit www.jbensonNotary.com to secure your executive session today!
Category: Legal News | Professional Services
Tags: #CPLR2106 #NYLawUpdate #jbensonNotary #NYNotary #Affidavits #CivilLitigation #MobileNotary #RON #LegalPrecision2026
How can I help you determine if your specific document is eligible for an affirmation or if a professional notarization is still legally required?