•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A08302 Summary:

BILL NOA08302
 
SAME ASSAME AS S08195
 
SPONSORO'Pharrow
 
COSPNSR
 
MLTSPNSR
 
Amd R2106, CPLR
 
Expands the acceptable uses of affirmations in civil actions.
Go to top

A08302 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8302
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 12, 2025
                                       ___________
 
        Introduced  by  M.  of  A. O'PHARROW -- (at request of the Unified Court
          System) -- 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:
 
     1    Section 1. Rule 2106 of the civil practice law and rules,  as  amended
     2  by chapter 559 of the laws of 2023, is amended to read as follows:
     3    Rule 2106. Affirmation of truth of statement. (a) The statement of any
     4  person  wherever made, subscribed and affirmed by that person to be true
     5  under the penalties of perjury, other than in a deposition, or  an  oath
     6  of  office,  or  an  oath required to be taken before a specified person
     7  other than a notary, may be used in an action in New York in lieu of and
     8  with the same force  and  effect  as  an  affidavit,  a  certificate,  a
     9  response to a notice to admit, an answer to interrogatories, a verifica-
    10  tion of a pleading, a bill of particulars and any other sworn statement.
    11  Such affirmation shall be in substantially the following form:
    12    I  affirm this ___ day of ______, ____, under the penalties of perjury
    13  under the laws of New York, which may include a  fine  or  imprisonment,
    14  that  the foregoing is true, except as to matters alleged on information
    15  and belief and as to those matters I believe it to be true, and I under-
    16  stand that this document may be filed in an action or  proceeding  in  a
    17  court of law.
    18    (Signature)
    19    (b)  Nothing in this rule shall be construed to eliminate any require-
    20  ment under the domestic relations law that matrimonial  agreements  must
    21  be acknowledged in the form of deed.
    22    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07919-02-5
Go to top