English
EspañolWhat is the difference between an affidavit and an affirmation?
An affidavit is a written statement that is sworn to in front of someone legally authorized, such as a notary public. An affirmation is a written statement that includes a formal declaration that the statement is true. It does not require a third party like a notary public to complete it.1
New York has recently changed the rules to allow affirmations to be accepted where previously an affidavit was required. This is meant to help people who are representing themselves in court cases, especially in Family Court and for uncontested divorces. Any affirmation you submit to the court should include language that is similar to the following:
I affirm this [number] day of [month], [year], 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.
[Your signature]
While the law allows an affirmation to be submitted instead of an affidavit, the courts will continue to accept an affidavit if it is filled out correctly.2 If you have questions about the forms you need to file for your case, please speak to the clerk at the courthouse or see our New York Finding a Lawyer page to consult an attorney.
1 New York Courts Glossary
2 N.Y. C.P.L.R. § 2106
