Bill S6444-2013

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

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").

Details

Actions

  • Jan 24, 2014: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S6444

TITLE OF BILL: An act to amend the civil practice law and rules, in relation to changing reference from physician, osteopath or dentist to health care practitioner

SUMMARY OF SPECIFIC PROVISIONS:

Amends rule 2106 section 1 of the civil practice law and rules. Would extend to all licensed health care practitioners to the right of affirmation of affidavits.

JUSTIFICATION:

CPLR 2106 was intended to ease the burdens of attorneys who, as a prerequisite to the submission of their own sworn written statement in an action, were required under prior law to find a notary public to administer an oath. The drafters of the CPLR determined that the attorney's professional obligations and the possibility of prosecution for making a false statement provided sufficient safeguards to dispense with the need for an appearance by the attorney before a notary public. Thus, the attorney is authorized by CPLR 2106 to simply sign his or her own statement and affirm its truth subject to the penalties of perjury. Such affirmation has the same effect as an affidavit sworn to before a notary public.

Similar considerations of convenience led to an amendment of the statute in 1973 to extend the same right of affirmation to physicians, osteopaths and dentists, whose affidavits are also frequently required in civil litigation. It is appropriate that this right be extended to other practitioners.

PRIOR LEGISLATIVE HISTORY:

1999-00: A.6945 reported to Rules Committee 2001: A.9400 referred to Codes Committee 2002: A.9400 passed Assembly 2003-04: A.5589 passed Assembly 2005-06: A.5498 passed Assembly 2007-08: A.6338 passed Assembly 2009-10: A.1725 passed Assembly 2011-2012: A.2061 - passed Assembly

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6444 IN SENATE January 24, 2014 ___________
Introduced by Sen. RIVERA -- 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: Section 1. Rule 2106 of the civil practice law and rules, as amended by judicial conference proposal No. 3 for the year 1973, is amended to read as follows: Rule 2106. Affirmation of truth of statement by attorney[, physician, osteopath or dentist] OR HEALTH CARE PRACTITIONER. The statement of an attorney admitted to practice in the courts of the state, or of a [physician, osteopath or dentist] HEALTH CARE PRACTITIONER, authorized by TITLE EIGHT OF THE EDUCATION law to practice in the state, who is not a party to an action, when subscribed and affirmed by him OR HER to be true under the penalties of perjury, may be served or filed in the action in lieu of and with the same force and effect as an affidavit. S 2. This act shall take effect immediately.

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