Bill Text: NY S05162 | 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 3-0)

Status: (Introduced) 2023-05-31 - SUBSTITUTED BY A5772 [S05162 Detail]

Download: New_York-2023-S05162-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5162

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 23, 2023
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- 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  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