Bill Text: NY S05372 | 2013-2014 | General Assembly | Amended

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Bill Title: Provides a form for an affirmation by any person in a civil action.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-09-23 - SIGNED CHAP.380 [S05372 Detail]

Download: New_York-2013-S05372-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5372--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 16, 2013
                                      ___________
       Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
         istration) -- read twice and ordered printed, and when printed  to  be
         committed  to the Committee on Judiciary -- recommitted to the Commit-
         tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- 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  an
         affirmation by any person 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  judicial  conference proposal number 3 for the year 1973, is amended
    3  to read as follows:
    4    Rule 2106. Affirmation of truth of statement [by attorney,  physician,
    5  osteopath  or  dentist].  (A)  The  statement of an attorney admitted to
    6  practice in the courts of the state, or of  a  physician,  osteopath  or
    7  dentist,  authorized by law to practice in the state, who is not a party
    8  to an action, when subscribed and affirmed by him to be true  under  the
    9  penalties  of  perjury,  may be served or filed in the action in lieu of
   10  and with the same force and effect as an affidavit.
   11    (B) THE STATEMENT OF  ANY  PERSON,  WHEN  THAT  PERSON  IS  PHYSICALLY
   12  LOCATED  OUTSIDE  THE GEOGRAPHIC BOUNDARIES OF THE UNITED STATES, PUERTO
   13  RICO, THE UNITED STATES VIRGIN ISLANDS,  OR  ANY  TERRITORY  OR  INSULAR
   14  POSSESSION  SUBJECT TO THE JURISDICTION OF THE UNITED STATES, SUBSCRIBED
   15  AND AFFIRMED BY THAT PERSON TO BE TRUE UNDER THE PENALTIES  OF  PERJURY,
   16  MAY  BE  USED IN AN ACTION IN LIEU OF AND WITH THE SAME FORCE AND EFFECT
   17  AS AN AFFIDAVIT. SUCH AFFIRMATION SHALL BE IN SUBSTANTIALLY THE  FOLLOW-
   18  ING FORM:
   19    I  AFFIRM THIS ___ DAY OF ______, ____, UNDER THE PENALTIES OF PERJURY
   20  UNDER THE LAWS OF NEW YORK, WHICH MAY INCLUDE A  FINE  OR  IMPRISONMENT,
   21  THAT  I  AM  PHYSICALLY LOCATED OUTSIDE THE GEOGRAPHIC BOUNDARIES OF THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09833-03-4
       S. 5372--A                          2
    1  UNITED STATES, PUERTO RICO, THE UNITED STATES  VIRGIN  ISLANDS,  OR  ANY
    2  TERRITORY  OR  INSULAR  POSSESSION  SUBJECT  TO  THE JURISDICTION OF THE
    3  UNITED STATES, THAT THE FOREGOING IS TRUE, AND I  UNDERSTAND  THAT  THIS
    4  DOCUMENT MAY BE FILED IN AN ACTION OR PROCEEDING IN A COURT OF LAW.
    5    (SIGNATURE)
    6    S  2. This act shall take effect on the first of January next succeed-
    7  ing the date on which it shall have become a law.