Bill Text: NY A05772 | 2023-2024 | General Assembly | Introduced

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Bill Title: Allows an affirmation by any person, wherever made, subscribed and affirmed by that person to be true under the penalties of perjury, to be used in a civil action in New York in lieu of and with the same force and effect as an affidavit.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2023-10-25 - signed chap.559 [A05772 Detail]

Download: New_York-2023-A05772-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5772

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 23, 2023
                                       ___________

        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Judiciary

        AN  ACT  to  amend  the  civil practice law and rules, in relation to an
          affirmation by any person, wherever made, in a civil action

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Rule 2106 of the civil practice law and rules, as amended
     2  by chapter 380 of the laws of 2014, is amended to read as follows:
     3    Rule 2106. Affirmation of truth of statement. [(a) The statement of an
     4  attorney admitted to practice in the courts of the state, or of a physi-
     5  cian, osteopath or dentist, authorized by law to practice in the  state,
     6  who  is not a party to an action, when subscribed and affirmed by him to
     7  be true under the penalties of perjury, may be served or  filed  in  the
     8  action in lieu of and with the same force and effect as an affidavit.
     9    (b)]  The  statement  of  any  person[, when that person is physically
    10  located outside the geographic boundaries of the United  States,  Puerto
    11  Rico,  the  United  States  Virgin  Islands, or any territory or insular
    12  possession subject to the jurisdiction of the  United  States]  wherever
    13  made, subscribed and affirmed by that person to be true under the penal-
    14  ties  of  perjury,  may  be used in an action in New York in lieu of and
    15  with the same force and effect as an affidavit. Such  affirmation  shall
    16  be in substantially the following form:
    17    I  affirm this ___ day of ______, ____, under the penalties of perjury
    18  under the laws of New York, which may include a  fine  or  imprisonment,
    19  that  [I  am physically located outside the geographic boundaries of the
    20  United States, Puerto Rico, the United States  Virgin  Islands,  or  any
    21  territory  or  insular  possession  subject  to  the jurisdiction of the
    22  United States, that] the foregoing is true, and I understand  that  this
    23  document may be filed in an action or proceeding in a court of law.
    24    (Signature)
    25    §  2. This act shall take effect on the first of January next succeed-
    26  ing the date upon which it shall have become a law and  shall  apply  to
    27  all  actions  commenced  on or after such effective date and all actions
    28  pending on such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09830-01-3