senate Bill S5372A

Signed By Governor
2013-2014 Legislative Session

Relates to an affirmation by any person in a civil action

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Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2014 signed chap.380
Sep 11, 2014 delivered to governor
Jun 12, 2014 returned to senate
passed assembly
ordered to third reading rules cal.218
substituted for a9762
Jun 10, 2014 referred to codes
delivered to assembly
passed senate
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.521
May 01, 2014 print number 5372a
amend and recommit to judiciary
Jan 08, 2014 referred to judiciary
May 16, 2013 referred to judiciary

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S5372 - Details

See Assembly Version of this Bill:
A9762
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2106, CPLR

S5372 - Summary

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

S5372 - Sponsor Memo

S5372 - Bill Text download pdf

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

                                  5372

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- 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 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]. The statement of [an attorney admitted  to  prac-
tice  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]  ANY  PERSON, when subscribed and affirmed by [him] THAT
PERSON to be true under the penalties of  perjury,  may  be  [served  or
filed]  USED  in  [the] AN action 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  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
                      [ ] is old law to be omitted.
                                                           LBD09833-01-3

S5372A (ACTIVE) - Details

See Assembly Version of this Bill:
A9762
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2106, CPLR

S5372A (ACTIVE) - Summary

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

S5372A (ACTIVE) - Sponsor Memo

S5372A (ACTIVE) - Bill Text download pdf

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

                                 5372--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- recommitted to the Commit-
  tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09833-03-4

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