Assembly Bill A9762

Signed By Governor
2013-2014 Legislative Session

Relates to an affirmation by any person in a civil action

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S5372 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A9762 (ACTIVE) - Details

See Senate Version of this Bill:
S5372
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2106, CPLR

2013-A9762 (ACTIVE) - Summary

Provides a form for an affirmation by any person in a civil action.

2013-A9762 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9762

                          I N  A S S E M B L Y

                              May 20, 2014
                               ___________

Introduced  by M. of A. TITUS, WEINSTEIN -- (at request of the Office of
  Court Administration) -- read once and referred to  the  Committee  on
  Judiciary

AN  ACT  to  amend  the  civil practice law and rules, in relation to an
  affirmation by any person in a civil action

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Rule 2106 of the civil practice law and rules, as amended
by judicial conference proposal number 3 for the year 1973,  is  amended
to read as follows:
  Rule  2106. Affirmation of truth of statement [by attorney, physician,
osteopath or dentist]. (A) The statement  of  an  attorney  admitted  to
practice  in  the  courts  of the state, or of a physician, osteopath or
dentist, authorized by law to practice in the state, who is not a  party
to  an  action, when subscribed and affirmed by him to be true under the
penalties of perjury, may be served or filed in the action  in  lieu  of
and with the same force and effect as an affidavit.
  (B)  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. SUCH AFFIRMATION SHALL BE IN SUBSTANTIALLY THE FOLLOW-
ING FORM:
  I AFFIRM THIS ___ DAY OF ______, ____, 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.
  (SIGNATURE)
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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