|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to judiciary|
|Jan 06, 2017||referred to judiciary|
senate Bill S1090
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1090 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R2106, CPLR
- Versions Introduced in Other Legislative Sessions:
2013-2014: S6444, A5142
2015-2016: S719, A447
2019-2020: S877, A784
2021-2022: S3049, A197
S1090 (ACTIVE) - 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").
S1090 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1090 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 affirmation 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 attorney'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
S1090 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1090 2017-2018 Regular Sessions I N S E N A T E January 6, 2017 ___________ 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 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 [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. (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) § 2. This act shall take effect immediately.
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