NOTARY REQUIREMENT OUT OF COUNTRY - How do I meet Notary Requirement on NYSCEF User Registration Form while out of the county?
Answer
Americans abroad should contact the U.S. embassy or Consulate’s Offices to notarize a document/user ID application.
There is also an alternative option:
CPLR Section 2106(b) states: The statement of any person, when that person is physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, subscribed and affirmed by that person to be true under the penalties of perjury, may be used in an action in lieu of and with the same force and effect as an affidavit.
Therefore, they can submit an affirmation without notarization when outside of the United States that can be used together with their application to obtain a user ID - for the action in which they are a party - provided they append/attach the following statement:
Pursuant to CPLR Rule 2106(b), I affirm this day of , 2020, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law.