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S08195 Summary:

BILL NOS08195
 
SAME ASSAME AS A08302
 
SPONSORHOYLMAN-SIGAL
 
COSPNSR
 
MLTSPNSR
 
Amd R2106, CPLR
 
Expands the acceptable uses of affirmations in civil actions.
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S08195 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8195
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 20, 2025
                                       ___________
 
        Introduced  by  Sen.  HOYLMAN-SIGAL  -- (at request of the Unified Court
          System) -- 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 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
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