STATE OF NEW YORK
________________________________________________________________________
9762
IN ASSEMBLY
May 20, 2014
___________
Introduced by M. of A. TITUS, WEINSTEIN -- (at request of the Office of
Court Administration) -- 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 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]. (a) The statement of an attorney admitted to
6 practice 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, when subscribed and affirmed by him to be true under the
9 penalties of perjury, may be served or filed in the action in lieu of
10 and with the same force and effect as an affidavit.
11 (b) The statement of any person, when that person is physically
12 located outside the geographic boundaries of the United States, Puerto
13 Rico, the United States Virgin Islands, or any territory or insular
14 possession subject to the jurisdiction of the United States, subscribed
15 and affirmed by that person to be true under the penalties of perjury,
16 may be used in an action in lieu of and with the same force and effect
17 as an affidavit. Such affirmation shall be in substantially the follow-
18 ing form:
19 I affirm this ___ day of ______, ____, under the penalties of perjury
20 under the laws of New York, which may include a fine or imprisonment,
21 that I am physically located outside the geographic boundaries of the
22 United States, Puerto Rico, the United States Virgin Islands, or any
23 territory or insular possession subject to the jurisdiction of the
24 United States, that the foregoing is true, and I understand that this
25 document may be filed in an action or proceeding in a court of law.
26 (Signature)
27 § 2. This act shall take effect on the first of January next succeed-
28 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.
LBD09833-02-4
