|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 24, 2014||referred to judiciary|
senate Bill S6444
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6444 - Details
S6444 - Summary
Provides that an affirmation of a health care practitioner may be served or filed in an action in lieu of and with same force and effect as an affidavit (changes the current reference in existing provisions from "physician, osteopath or dentist" to "health care practitioner").
S6444 - Sponsor Memo
BILL NUMBER:S6444 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to changing reference from physician, osteopath or dentist to health care practitioner SUMMARY OF SPECIFIC PROVISIONS: Amends rule 2106 section 1 of the civil practice law and rules. Would extend to all licensed health care practitioners to the right of affir- mation of affidavits. JUSTIFICATION: CPLR 2106 was intended to ease the burdens of attorneys who, as a prerequisite to the submission of their own sworn written statement in an action, were required under prior law to find a notary public to administer an oath. The drafters of the CPLR determined that the attor- ney's professional obligations and the possibility of prosecution for making a false statement provided sufficient safeguards to dispense with the need for an appearance by the attorney before a notary public. Thus, the attorney is authorized by CPLR 2106 to simply sign his or her own statement and affirm its truth subject to the penalties of perjury. Such affirmation has the same effect as an affidavit sworn to before a notary public.
S6444 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6444 I N S E N A T E January 24, 2014 ___________ Introduced by Sen. RIVERA -- 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 chang- ing reference from physician, osteopath or dentist to health care practitioner 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 No. 3 for the year 1973, is amended to read as follows: Rule 2106. Affirmation of truth of statement by attorney[, physician, osteopath or dentist] OR HEALTH CARE PRACTITIONER. The statement of an attorney admitted to practice in the courts of the state, or of a [physician, osteopath or dentist] HEALTH CARE PRACTITIONER, authorized by TITLE EIGHT OF THE EDUCATION law to practice in the state, who is not a party to an action, when subscribed and affirmed by him OR HER 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. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01215-01-3
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