Legislation
SECTION 2106
Affirmation of truth of statement
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 21
* Rule 2106. Affirmation of truth of statement. The statement of any
person wherever made, subscribed and affirmed by that person to be true
under the penalties 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 the foregoing is true, and I understand that this document may be
filed in an action or proceeding in a court of law.
(Signature)
* NB Separately amended; cannot be put together
* 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
health care practitioner licensed, certified, or authorized under title
eight of the education law to practice in the state, who is not a party
to an action, when subscribed and affirmed by him or her 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, subscribed
and affirmed by that person to be true under the penalties of perjury,
may be used in an action 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)
* NB Separately amended; cannot be put together
person wherever made, subscribed and affirmed by that person to be true
under the penalties 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 the foregoing is true, and I understand that this document may be
filed in an action or proceeding in a court of law.
(Signature)
* NB Separately amended; cannot be put together
* 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
health care practitioner licensed, certified, or authorized under title
eight of the education law to practice in the state, who is not a party
to an action, when subscribed and affirmed by him or her 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, subscribed
and affirmed by that person to be true under the penalties of perjury,
may be used in an action 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)
* NB Separately amended; cannot be put together