Provides that an affirmation of a health care practitioner may be served or filed in an action in lieu of and with same force and effect as an affidavit (changes the current reference in existing provisions from "physician, osteopath or dentist" to "health care practitioner").
STATE OF NEW YORK
________________________________________________________________________
2997
2023-2024 Regular Sessions
IN SENATE
January 26, 2023
___________
Introduced by Sens. RIVERA, HOYLMAN-SIGAL, SEPULVEDA -- 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 chang-
ing reference from physician, osteopath or dentist to health care
practitioner
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
5 [physician, osteopath or dentist] health care practitioner licensed,
6 certified, or authorized [by] under title eight of the education law to
7 practice in the state, who is not a party to an action, when subscribed
8 and affirmed by him or her to be true under the penalties of perjury,
9 may be served or filed in the action in lieu of and with the same force
10 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07030-01-3
S. 2997 2
1 United States, that the foregoing is true, and I understand that this
2 document may be filed in an action or proceeding in a court of law.
3 (Signature)
4 § 2. This act shall take effect immediately.
