An affirmation in support is your statement of facts attached to any NY motion. Under CPLR 2106, no notary is required — any person can affirm. Without it, most motions are incomplete.
Quick Answer
Under CPLR 2106, any person — including a party who is not an attorney — may serve and file an affirmation in place of and with the same force and effect as an affidavit. No notary public is required. The affirmation states the facts under penalty of perjury and is signed and dated by the person with knowledge of the facts.
An affirmation in support is a statement of facts that you attach to your motion. It is the factual foundation of your filing — it tells the judge what happened, when it happened, who was involved, and why those facts support the relief you are requesting.
Under CPLR 2106, an affirmation carries the same legal effect as a sworn affidavit but does not require a notary. You simply sign it with a statement that you affirm under the penalties of perjury that the facts are true.
The affirmation is different from your Memorandum of Law (which is legal argument) and your Notice of Motion (which is the formal notice to the court). All three are typically required parts of a complete motion packet.
What goes into it:
Your name, address, and your relationship to the case
A numbered, chronological statement of all relevant facts
Reference to exhibits attached (labeled Exhibit A, B, etc.)
The required closing affirmation language under penalty of perjury
Your signature and date
Rule: CPLR 2106
Source: nysenate.gov, verified
FormaPauper's Document Wizard helps you:
Structure your facts in numbered paragraphs the way NY courts expect
Generate the correct CPLR 2106 closing affirmation language (no notary required)
Format the caption with your Index Number, court, and parties
Attach and label exhibits correctly
Package the affirmation with your full motion packet
You write your facts in plain English. FormaPauper handles the legal document structure. You review, print, sign, and file.
FormaPauper does not draft legal argument or advise on legal strategy — that is the role of an attorney. We help you organize your facts into the correct format.
List every relevant fact
Write out the key events in chronological order — dates, what happened, who said or did what, and the consequences. Be specific. Vague facts ("he always paid late") are weaker than specific ones ("Defendant failed to pay the April 2024 rent of $1,800, due on April 1st, as documented in Exhibit A").
Identify your exhibits
Gather every document that supports your facts: leases, contracts, photos, emails, texts, receipts, prior court orders. Label each as Exhibit A, B, C, etc.
Draft your numbered paragraphs
Write the affirmation in numbered paragraphs. Each paragraph should state one fact. Courts and opposing counsel will cite back to paragraph numbers, so keep them clean and specific.
Write the closing affirmation language
Under CPLR 2106, the affirmation must state that you affirm under the penalties of perjury that the statements are true. FormaPauper generates this automatically — no notary needed.
Sign and date
You must personally sign the affirmation. Unlike a traditional affidavit, CPLR 2106 does not require a notary — your signature alone with the affirmation language is sufficient.
Attach exhibits
Physically attach or staple each labeled exhibit behind the affirmation, in the order they are referenced.
Include with your motion packet
The affirmation is filed together with your Notice of Motion, Memorandum of Law, and Proposed Order as one complete packet.
Including legal argument in the affirmation — argument belongs in the Memorandum of Law, not the affirmation.
Using vague statements instead of specific facts with dates, amounts, and names.
Forgetting to number your paragraphs — unnumbered affirmations look unprofessional and are hard to cite.
Not labeling or attaching referenced exhibits.
Omitting the required CPLR 2106 closing affirmation language.
Having someone else sign it — the affirmation must be signed by the person with personal knowledge.
Mixing argument and fact — courts are trained to distinguish these; blending them undermines credibility.
Not including the correct Index Number and party names in the caption.
No. Under CPLR 2106, any person may serve and file an affirmation in place of an affidavit. The affirmation carries the same force and effect as a sworn affidavit but does not require a notary public. You simply sign it with a statement affirming under penalty of perjury.
Under CPLR 2106, an affirmation carries the same legal effect as an affidavit but does not require a notary. An affidavit requires a notary public to administer an oath. Both are signed under penalty of perjury. The affirmation is the simpler option for pro se litigants.
As long as necessary to state all material facts — and no longer. Courts appreciate clarity and conciseness. A 3-page affirmation with specific facts and exhibits often carries more weight than a 15-page narrative with vague assertions.
Yes. Under CPLR 2106, any person — not just parties — may serve and file an affirmation. Supporting affirmations from witnesses, experts, or others with personal knowledge are common and often helpful. Each third-party affiant signs their own affirmation.
Making materially false statements in an affirmation can result in serious consequences including contempt of court, sanctions, and potentially criminal perjury charges. The affirmation carries the same penalty of perjury exposure as a sworn affidavit.
Generally yes, if your motion is based on facts not already in the court record. Motions that rely solely on legal argument and existing record documents may not need a separate affirmation, but most motions by self-represented litigants involve facts that require one.
Yes. Under CPLR 2106, an attorney may affirm in place of an affidavit. This is common practice in NY courts and does not require a notary.
File your affirmation with the clerk of the court where your motion is returnable. For Supreme Court matters, this is typically the County Clerk. If your case is in NYSCEF (New York State Courts Electronic Filing), you file electronically through the system.
Yes. If your case is in NYSCEF (New York State Courts Electronic Filing), you file your affirmation through the NYSCEF system. Otherwise, file in paper form with the county clerk.
Under 22 NYCRR 202.5, papers must be legible. Standard practice is 12-point font on 8.5" x 11" paper with standard margins. Your court may have specific requirements — check local rules.
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.