senate Bill S6444

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2014 referred to judiciary

S6444 - Bill Details

See Assembly Version of this Bill:
A5142
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2106, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2061
2009-2010: A1725

S6444 - Bill Texts

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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").

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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.

Similar considerations of convenience led to an amendment of the statute
in 1973 to extend the same right of affirmation to physicians, osteo-
paths and dentists, whose affidavits are also frequently required in
civil litigation. It is appropriate that this right be extended to other
practitioners.

PRIOR LEGISLATIVE HISTORY:

1999-00: A.6945 reported to Rules Committee
2001: A.9400 referred to Codes Committee
2002: A.9400 passed Assembly
2003-04: A.5589 passed Assembly
2005-06: A.5498 passed Assembly
2007-08: A.6338 passed Assembly
2009-10: A.1725 passed Assembly
2011-2012: A.2061 - passed Assembly

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately.

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                    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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