Where a certified copy of a paper is required by law, an attorney admitted to practice in the courts of the state may certify that it has been compared by him with the original and found to be a true and complete copy. Such a certificate, when subscribed by such attorney, has the same effect as if made by a clerk.
§ 2105.Certification by attorney.
Article 21. Papers · Last amended 1970 · Last verified July 21, 2026
In one sentenceCPLR 2105 lets a New York-admitted attorney certify that a copy of a paper matches the original, giving that certification the same legal effect as a clerk's certified copy.
Full Text of CPLR 2105
Plain-English Summary
Certified copies used to mean a trip to the clerk's window. CPLR 2105 gives attorneys a shortcut: an attorney admitted to practice in New York can compare a copy against the original and certify, in their own hand, that the copy is true and complete. That certification carries the same weight as one a clerk would issue.
The rule saves time in the ordinary run of litigation, where certified copies come up more often than most non-lawyers would expect, from records offered at trial to documents submitted on appeal. It doesn't, however, let an attorney certify anything other than accuracy of the copy itself, and the certifying attorney is the one who takes responsibility if the certification turns out to be wrong.
Frequently Asked Questions
Can my attorney certify a copy of a document instead of getting it certified by a court clerk?
Yes. CPLR 2105 allows any attorney admitted to practice in New York to certify that a copy matches the original, and that certification has the same effect as one made by a clerk.
What does an attorney have to do before certifying a copy under CPLR 2105?
Compare the copy with the original and confirm it is true and complete. The certification has to be subscribed, meaning signed, by the attorney.
Does the attorney certifying the copy need to be involved in the case?
CPLR 2105 doesn't require it. Any attorney admitted to practice in the New York courts may certify a copy under this section.
Is an attorney's certification under CPLR 2105 the same as notarization?
No. It's a distinct procedure specific to certifying that a copy of a paper matches its original, separate from notarizing a signature or administering an oath.
Does CPLR 2105 let an attorney certify anything other than a copy's accuracy?
No. It covers only the comparison of a copy against the original document. Statutes that assign certification of a particular paper to a court clerk, such as an order submitted for payment from court-held funds, aren't affected by this section.
Advisory Committee Notes
(See also Advisory Committee notes preceding § 2101, under subheading “Certification.”) This section is based upon CPA §§ 170 and 170-a.
Section 170, deriving from § 3301 of the Throop Code, allows a written stipulation by the attorneys for all interested parties to take the place of a certificate. Section 170-a, added to the CPA in 1944 upon recommendation of the Judicial Council (NY Laws 1944, c 91; see 10 NY Jud Council Rep 357-65 (1944), provides a simpler procedure to take the place of a certificate; it requires only an affidavit of the attorney furnishing the copy, thus dispensing with the need for consent by the opposing attorney. Under the CPA provisions, however, the affidavit procedure of § 170-a may be used only if the opposing attorney refuses or fails to stipulate under § 170. No reason is perceived for requiring resort first to the stipulation procedure, and only the simpler affidavit method of § 170-a has been retained in this section. In place of an affidavit, a statement by the attorney is provided.
The draft of CPA § 170-a, as proposed by the Judicial Council, was specifically limited to papers on appeal. See 10 NY Jud Council Rep 359 (1944). As enacted, however, its text in terms covers any “paper of which a certified copy is required by law,” although the section heading still contains the reference to papers on appeal. The CPLR provision follows the language of the text of the CPA section and is applicable to all papers, in accordance with the general rule of construction that the text of a statute governs over an inconsistent caption or heading. See 2 Sutherland, Statutory Construction § 4903 (3d ed 1943); Cf. People v O’Neil, 280 App Div 145, 146, 112 NYS2d 756, 757 (3d Debt 1952); 1 McKinney, Consolidated Laws of New York, Statutes §§ 123, 130 (1942).
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1962, ch 318, § 6; L 1964, ch 349, § 1; L 1970, ch 307, § 1, eff Sept 1, 1970.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: attorney certify true copy New Yorkcertified copy without clerk New YorkCPLR 2105 certificationNew York attorney certification of documents