The Legal Aid Society is praising recently enacted legislation that allows people involved in civil cases to swear to a statement under penalty of perjury without having to notarize the document.

The notary requirement is an outdated burden to access to justice in civil proceedings. There is no evidence that notarization increases the truth of statements made. Under Federal Law and in more than 20 states unsworn and unnotarized declarations are accepted as long as they include a statement that the document is true under penalty of perjury.

The notarization process became more onerous during COVID: people who do not have a lawyer have to pay a notarization fee, spend time and money to find a notary, take time off work, and travel to the notary. Requiring a notary disproportionately affects low-income and unrepresented individuals, especially communities of color and deepen the digital divide.

“The notarization process has always been incredibly complicated for New Yorkers with limited means, often demanding time-consuming research and travel, digital literacy skills, and fees,” Judith Goldiner, Attorney-In-Charge of the Civil Law Reform Unit at The Legal Aid Society. “This legislation removes outdated requirements that had long precluded our clients’ access to the court. The Legal Aid Society thanks Governor Hochul and the Legislature, especially bill sponsors Senator Brad Hoylman-Sigal and Assembly Member Charles Lavine, for advancing this needed measure into law.”

The new law will got into effect on January 1, 2024.