Bill Text: NY S07611 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to permitting an affirmation by any person, wherever located, in a civil action.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-30 - REFERRED TO JUDICIARY [S07611 Detail]
Download: New_York-2017-S07611-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7611 IN SENATE January 30, 2018 ___________ Introduced by Sen. AVELLA -- 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 permit- ting an affirmation by any person, wherever located, 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 an4attorney admitted to practice in the courts of the state, or of a physi-5cian, osteopath or dentist, authorized by law to practice in the state,6who is not a party to an action, when subscribed and affirmed by him to7be true under the penalties of perjury, may be served or filed in the8action in lieu of and with the same force and effect as an affidavit.9(b)] The statement of any person, [when that person is physically10located outside the geographic boundaries of the United States, Puerto11Rico, the United States Virgin Islands, or any territory or insular12possession 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 lieu of and with the same 15 force and effect as an affidavit. Such affirmation shall be in substan- 16 tially 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 the20United States, Puerto Rico, the United States Virgin Islands, or any21territory or insular possession subject to the jurisdiction of the22United 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 on which it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14496-01-8