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Senate Bill S877A

2019-2020 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 Assembly Committee

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Bill Amendments

co-Sponsors

2019-S877 - Details

See Assembly Version of this Bill:
A784
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2106, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1725
2011-2012: A2061
2013-2014: S6444, A5142
2015-2016: S719, A447
2017-2018: S1090, A2540
2021-2022: S3049, A197
2023-2024: S2997, A6065

2019-S877 - 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").

2019-S877 - Sponsor Memo

2019-S877 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    877
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. RIVERA, SEPULVEDA -- 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.

co-Sponsors

2019-S877A (ACTIVE) - Details

See Assembly Version of this Bill:
A784
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2106, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1725
2011-2012: A2061
2013-2014: S6444, A5142
2015-2016: S719, A447
2017-2018: S1090, A2540
2021-2022: S3049, A197
2023-2024: S2997, A6065

2019-S877A (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").

2019-S877A (ACTIVE) - Sponsor Memo

2019-S877A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  877--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. RIVERA, SEPULVEDA -- read twice and ordered printed,
   and  when  printed  to  be  committed to the Committee on Judiciary --
   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 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 LICENSED,
 CERTIFIED, OR authorized [by] UNDER 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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