On January 31, 2023, only electronic notarization is permitted in New York State, through repeal of Executive Law § 135-c, Remote ink notarization and replacement with Executive Law § 135-c, Electronic notarization.
Many times, it has been observed that the names on the documents do not correspond to the name on a signer's identification, or to the way their name is written on the title. The signature and name affidavit permit you to sign any of the name variants and therefore it needs to be notarized.
A notary and an affidavit are not the same things, but an affidavit must be notarized by an actively commissioned notary public to be legally permissible. An affidavit is a sworn statement provided that must is then notarized to ensure it meets the requirements of the state in which the proceedings take place.
The following are six critical sections that must be included: Title. This is either your name (“Affidavit of Jane Doe”) or the specific case information. Statement of identity. The next paragraph tells the court about yourself. Statement of truth. Statement of facts. Closing statement of truth. Sign and notarize.
New York state civil litigants no longer need a notary to file affidavits, thanks to Governor Kathy Hochul signing Assembly Bill A57721 to amend N.Y. C.P.L.R. § 21062 in late October 2023.
How to present an affidavit as evidence in a court? For an affidavit to be legally binding and valid, it must be signed, and the person signing it must be fully aware of the facts and details within the affidavit. The person must also take an oath that they are sincere within the affidavit.
A legal affidavit must be signed by the person making the statement to be considered legally binding. In many cases, the affiant must also sign the document in front of a witness. That witness is often the notary public, but they could be anyone willing to swear the signature is authentic.
Once you've sworn your affidavit, it's done. With one exception — for typos, discussed below — the only way you can fix a mistake in that affidavit or add additional information to it is to make a new affidavit.
Although affidavits are considered legal documents, anyone can draft one. As long as it is signed, witnessed, and notarized correctly, the affidavit will be valid. This means that you do not need to ask a lawyer to create an affidavit.
Once you've sworn your affidavit, it's done. With one exception — for typos, discussed below — the only way you can fix a mistake in that affidavit or add additional information to it is to make a new affidavit.