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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5372
                              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
       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]. The statement of [an attorney admitted  to  prac-
    6  tice  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]  ANY  PERSON, when subscribed and affirmed by [him] THAT
    9  PERSON to be true under the penalties of  perjury,  may  be  [served  or
   10  filed]  USED  in  [the] AN action in lieu of and with the same force and
   11  effect as an affidavit.  SUCH AFFIRMATION SHALL BE IN SUBSTANTIALLY  THE
   12  FOLLOWING FORM:
   13    I  AFFIRM THIS    DAY OF        ,     , UNDER THE PENALTIES OF PERJURY
   14  UNDER THE LAWS OF NEW YORK, WHICH MAY INCLUDE A  FINE  OR  IMPRISONMENT,
   15  THAT  THE  FOREGOING IS TRUE, AND I UNDERSTAND THAT THIS DOCUMENT MAY BE
   16  FILED IN AN ACTION OR PROCEEDING IN A COURT OF LAW.
   17    (SIGNATURE)
   18    S 2. This act shall take effect on the first of January next  succeed-
   19  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.
                                                                  LBD09833-01-3