Assembly Bill A5772

2023-2024 Legislative Session

Allows an affirmation by any person, wherever made, in a civil action

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A5772 (ACTIVE) - Details

See Senate Version of this Bill:
S5162
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2106, CPLR

2023-A5772 (ACTIVE) - Summary

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.

2023-A5772 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5772
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:

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

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