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Senate Bill S7611

2017-2018 Legislative Session

Related to permitting an affirmation by any person, wherever located, in a civil action

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2017-S7611 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2106, CPLR

2017-S7611 (ACTIVE) - Summary

Relates to permitting an affirmation by any person, wherever located, in a civil action.

2017-S7611 (ACTIVE) - Sponsor Memo

2017-S7611 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7611
 
                             I N  S E N A T E
 
                             January 30, 2018
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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 permit-
   ting an affirmation by any person, wherever located, 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 lieu of and with the same
 force and effect as an affidavit. Such affirmation shall be in  substan-
 tially 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 on which it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14496-01-8

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