Affirmation of Service
(Proof of Service) (NY)

Summary

This affirmation of service of interlocutory documents (NY) is a standard template that attorneys can use to prove service of an interlocutory document (other than the initial summons and complaint) in a civil action in New York Supreme Court. This template contains practical guidance and drafting notes. Proof of service of interlocutory documents (i.e., a document served during the litigation's pendency after the complaint filing and before trial)—such as motions, discovery requests, and notices of deposition—usually takes the form of an affidavit or affirmation of service signed by the individual who makes service. For cases commenced on or after January 1, 2024, you may prepare an affirmation of service instead of an affidavit of service. Under N.Y. C.P.L.R. § 2106(a), the statement of any person, subscribed and affirmed by that person to be true under the penalties of perjury, other than in a deposition, or an oath of office, or an oath required to be taken before a specified person other than a notary, may be used in an action in New York in lieu of and with the same force and effect as an affidavit, a certificate, a response to a notice to admit, an answer to interrogatories, a verification of a pleading, a bill of particulars and any other sworn statement. N.Y. C.P.L.R. § 2106(a). For cases commenced prior to January 1, 2024 where an attorney does not effectuate service, you must prepare an affidavit of service instead of an affirmation of service. For a model affidavit of service, see Affidavit of Service (Proof of Service) (NY). You should append a copy of the affirmation to the documents you serve. The affirmation of service identifies: • What is served • On whom • On what date –and– • By what means For a full listing of key content covering fundamental civil litigation tasks throughout a New York court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY). For more information on computing and extending time in New York Supreme Court, see Computing and Extending Time in Litigation (NY).