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R 3021.Form of affidavit of verification

Article 30. Remedies and Pleading · Last amended 1963 · Last verified July 21, 2026

In one sentenceSpells out the exact language a verification affidavit must use, and requires anyone other than the party who signs it to explain the grounds for that belief and why the party isn't verifying instead.

Full Text of CPLR 3021

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The affidavit of verification must be to the effect that the pleading is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. If it is made by a person other than the party, he must set forth in the affidavit the grounds of his belief as to all matters not stated upon his knowledge and the reason why it is not made by the party.

Plain-English Summary

CPLR 3021 gives content to the verification concept CPLR 3020 introduces. The affidavit must state that the pleading is true to the deponent's knowledge, except as to matters the pleading itself says are alleged on information and belief, and that the deponent believes those matters to be true.

Where someone other than the party signs the verification — an agent or attorney, under the circumstances CPLR 3020(d) allows — the affidavit has to do more than repeat that formula. The signer must set out the grounds for their belief as to any matter not stated on personal knowledge, and explain why the party isn't the one verifying instead. That extra layer keeps a substitute verification from becoming a rubber stamp with no real basis behind it.

Frequently Asked Questions

What exact statement must appear in a verification affidavit?

CPLR 3021 requires the affidavit to state that the pleading is true to the deponent's knowledge, except for matters alleged on information and belief, which the deponent believes to be true.

Can someone other than the party sign the verification?

Yes, in the situations CPLR 3020(d) allows, but CPLR 3021 requires that person to set out the grounds for their belief on matters not within their personal knowledge.

What must a non-party verifier explain in the affidavit?

Under CPLR 3021, the affidavit must set out the grounds of belief for any matter not stated on the signer's own knowledge and the reason the party isn't verifying the pleading instead.

Does CPLR 3021 apply to every kind of verification?

It sets the form for any affidavit of verification under this article, whether signed by the party or by a substitute verifier permitted under CPLR 3020(d).

What happens if a verification omits the required grounds-of-belief statement?

A verification missing that statement, where it's required of a non-party signer, risks being treated as defective, with the consequences CPLR 3022 sets out for a defectively verified pleading.

Amendment History

Add, L 1962, ch 308, eff Sept 1, 1963.

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
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