New York State Bar Association Commends Legislature for Passing Bill Dropping Notary Requirement for Sworn Statements in Civil Cases
6.6.2023
At the urging of the New York State Bar Association, the state Legislature passed a bill lifting the burdensome requirement to have sworn documents notarized in a civil court case, bringing New York in conformance with federal requirements. If the bill is signed into law, it would reduce costs for New Yorkers and make it less difficult for litigants representing themselves and those who don’t have easy access to notaries.
Under current law, even litigants who choose remote notarization must pay up to $25 per document, and it is impossible for anyone without reliable broadband access to have documents notarized remotely. This disproportionately affects low-income people — often those in communities of color — and deepens New York’s digital divide.
“The New York State Bar Association has fought for this new law for years because it is an issue of fairness and access to justice,” said New York State Bar Association president Richard Lewis. “We urge Gov. Kathy Hochul to sign this commonsense measure into law.”
Current law only exempts lawyers, doctors and people living outside the United States or in the U.S. Territories from the notarization requirement for sworn documents. If the bill becomes law, New York will join several other states and the federal government that only require litigants to swear to the truth of their documents under penalty of perjury.
“Requiring sworn documents to be notarized serves no benefit for the justice system. It only presents another hurdle for people to overcome, and increases the costs of litigation” Lewis said. “The removal of this requirement will dramatically increase access to justice for needy New Yorkers and make it easier for all New Yorkers involved in civil cases.”
