Bill Text: NY S07611 | 2017-2018 | General Assembly | Introduced

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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

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                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 an
     4  attorney admitted to practice in the courts of the state, or of a physi-
     5  cian, osteopath or dentist, authorized by law to practice in the  state,
     6  who  is not a party to an action, when subscribed and affirmed by him to
     7  be true under the penalties of perjury, may be served or  filed  in  the
     8  action in lieu of and with the same force and effect as an affidavit.
     9    (b)]  The  statement  of  any  person, [when that person is physically
    10  located outside the geographic boundaries of the United  States,  Puerto
    11  Rico,  the  United  States  Virgin  Islands, or any territory or insular
    12  possession 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 the
    20  United States, Puerto Rico, the United States  Virgin  Islands,  or  any
    21  territory  or  insular  possession  subject  to  the jurisdiction of the
    22  United 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