Not sure what your NY court affirmation should look like? This page walks through a sample affirmation structure — the format, language, and what goes in each section. No notary required.
Quick Answer
A NY affirmation under CPLR 2106 has four parts: (1) the caption (court, parties, Index Number); (2) an introductory paragraph identifying who you are; (3) numbered paragraphs of facts; (4) the closing affirmation language under penalty of perjury. It is signed — not notarized — and exhibits are attached at the end.
CAPTION
At the top of every court document, you need the full caption: the name of the court (e.g., SUPREME COURT OF THE STATE OF NEW YORK — COUNTY OF BRONX), the names of all parties (plaintiff v. defendant), the Index Number, and the document title (e.g., "AFFIRMATION IN SUPPORT OF PLAINTIFF'S MOTION FOR REARGUMENT").
OPENING PARAGRAPH
The first paragraph identifies who you are, your relationship to the case, and what the affirmation is for:
"I, [Your Name], residing at [address], am the Plaintiff in the above-captioned matter. I make this affirmation in support of my Motion for Reargument of the Order dated [date]."
NUMBERED FACT PARAGRAPHS
The bulk of the affirmation. Each numbered paragraph states one or two related facts:
"1. On [date], Defendant served me with notice of [X].
2. On [date], I responded to that notice by [Y], as evidenced by Exhibit A attached hereto.
3. At no time did Defendant comply with [Z]."
EXHIBIT REFERENCES
When you reference a document, cite it as an exhibit: "...as shown in the email chain attached hereto as Exhibit A."
CLOSING AFFIRMATION LANGUAGE (Required by CPLR 2106)
"I affirm the foregoing statements are true under the penalties of perjury."
[Your signature, printed name, date]
No notary is required. CPLR 2106 allows any person to affirm in place of an affidavit.
FormaPauper's Document Wizard produces a properly formatted NY affirmation with:
The correct court caption auto-populated with your Index Number and parties
Numbered paragraphs structured from your plain-English facts
The required CPLR 2106 closing affirmation language (no notary needed)
Exhibit labels generated automatically
The signature block properly formatted
You describe your facts in plain language. FormaPauper converts them to a properly structured NY affirmation format. You review, print, sign, and file.
Write your facts in plain English first
Before worrying about format, just write down what happened in the order it happened. Use specific dates, dollar amounts, and names.
Organize into numbered paragraphs
One fact (or closely related facts) per numbered paragraph. Aim for clarity — a judge reading quickly should understand each paragraph at a glance.
Identify and label your exhibits
Every document you reference should be physically attached. Label them Exhibit A, Exhibit B, etc., in the order they first appear in your affirmation.
Write the introduction and closing
The introduction names you and explains the purpose. The closing uses the exact CPLR 2106 language — do not paraphrase it.
Review for argument vs. fact
Read your affirmation and ask: is every statement a fact I personally know, or am I arguing? Argument belongs in the Memorandum of Law. Remove any characterizations that are not pure facts.
Sign (do not notarize)
NY affirmations under CPLR 2106 do not need a notary. Just sign and date. The closing language creates the legal oath under penalty of perjury.
Using adjectives that argue instead of stating facts ("the Defendant's outrageous behavior" vs. "on [date], Defendant stated [exact words]").
Writing in narrative paragraphs instead of numbered paragraphs.
Not numbering the pages.
Forgetting to attach the referenced exhibits — a "see Exhibit A" with no Exhibit A attached is a serious problem.
Using hearsay without identifying it properly — if someone told you something, say "Defendant told me that..." not "It is a fact that Defendant..."
Making legal arguments in the affirmation — save those for the Memorandum of Law.
Getting the affirmation language wrong — CPLR 2106 requires specific language affirming under penalty of perjury.
Under 22 NYCRR 202.5, documents must be legible. Standard practice is 12-point Times New Roman or similar serif font, with standard one-inch margins. Your court's local rules may have specific requirements.
Use "I believe" sparingly and only for genuinely non-certain matters. Courts expect affirmations to state facts you know directly. If you are not certain, say what you know and acknowledge the limit of your knowledge.
Describe what the document contained as best you can from memory, note that you no longer have the original, and explain when and why you had it. Courts understand that people do not always have perfect documentation.
If your case is in NYSCEF (New York State Courts Electronic Filing), you file electronically through the system. Otherwise, the affirmation must be filed in paper form with an original signature with the county clerk.
Under 22 NYCRR 202.5, papers must be legible. While typing is strongly preferred and standard practice, a legible handwritten affirmation is not automatically rejected. For best results, type your affirmation on 8.5" x 11" paper with standard margins.
Under CPLR 2106, any person — including a party who is not an attorney — may serve and file an affirmation. Attorneys can also affirm in place of an affidavit. No notary is required for either.
FormaPauper's Document Wizard helps you build a complete, properly formatted NY filing packet — step by step, in plain English.
Important: Not Legal Advice
FormaPauper is not a law firm and does not provide legal advice. The information on this page is provided for general educational purposes only and applies specifically to New York courts. Nothing here creates an attorney-client relationship. Court procedures, fees, and rules change — always verify current requirements with your county courthouse or on nycourts.gov before filing. The legal authorities on this page have been verified against official sources (nysenate.gov / nycourts.gov) but have not been attorney-reviewed. For complex matters, particularly those involving permanent consequences, we strongly recommend consulting a licensed New York attorney. Free legal help is available through LawHelpNY.