Senate Bill S5162

2023-2024 Legislative Session

Allows an affirmation by any person, wherever made, in a civil action

download bill text pdf

Sponsored By

Current Bill Status Via A5772 - Passed Senate

  • 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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2023-S5162 (ACTIVE) - Details

See Assembly Version of this Bill:
A5772
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2106, CPLR

2023-S5162 (ACTIVE) - Summary

Allows an affirmation by any person, wherever made, subscribed and affirmed by that person to be true under the penalties of perjury, to be used in a civil action in New York in lieu of and with the same force and effect as an affidavit.

2023-S5162 (ACTIVE) - Sponsor Memo

2023-S5162 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5162
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and  rules,  in  relation  to  an
   affirmation by any person, wherever made, 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 chapter 380 of the laws of 2014, is amended to read as follows:
   Rule 2106. Affirmation of truth of statement. [(a) The statement of an
 attorney admitted to practice in the courts of the state, or of a physi-
 cian,  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] WHEREVER
 MADE, subscribed and affirmed by that person to be true under the penal-
 ties of perjury, may be used in an action IN NEW YORK  in  lieu  of  and
 with  the  same force and effect as an affidavit. Such affirmation shall
 be in substantially the following 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)
   § 2. This act shall take effect on the first of January next  succeed-
 ing  the  date  upon which it shall have become a law and shall apply to
 all actions commenced on or after such effective date  and  all  actions
 pending on such effective date.

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