Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 23, 2014 |
signed chap.380 |
Sep 11, 2014 |
delivered to governor |
Jun 12, 2014 |
returned to senate passed assembly ordered to third reading rules cal.218 substituted for a9762 |
Jun 10, 2014 |
referred to codes delivered to assembly passed senate |
May 12, 2014 |
advanced to third reading |
May 07, 2014 |
2nd report cal. |
May 06, 2014 |
1st report cal.521 |
May 01, 2014 |
print number 5372a |
May 01, 2014 |
amend and recommit to judiciary |
Jan 08, 2014 |
referred to judiciary |
May 16, 2013 |
referred to judiciary |
Senate Bill S5372A
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2013-S5372 - Details
- See Assembly Version of this Bill:
- A9762
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R2106, CPLR
2013-S5372 - Sponsor Memo
BILL NUMBER:S5372 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to an affirmation by any person in a civil action This is one in a series of measures being introduced at the request of the Chief Administrative judge upon the recommendation of her Advisory Committee on Civil Practice. This measure would amend CPLR 2106 to permit the use of an affirmation in place of an affidavit for all purposes in a civil action, a procedure modeled upon the Federal declaration procedure (see 28 USCA 1746; unsworn declarations under penalty of perjury). This measure has been revised from its prior form to add the words "under the laws of New York" in the affirmation. Currently, under New York law, an affidavit must be sworn to before a person authorized to take acknowledgments of deeds by the Real Property Law (CPLR 2309(a)). However, specified professional persons (attorney, physician, osteopath or dentist) may substitute an affirmation for an affidavit in judicial proceedings in which they are not a party. This measure would broaden the statute to permit the use of an affirmation in place of an affidavit for all purposes in a civil action with no restriction to non-parties. The current law has created two significant problems in New York
2013-S5372 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5372 2013-2014 Regular Sessions I N S E N A T E May 16, 2013 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- 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 in a civil action 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 number 3 for the year 1973, is amended to read as follows: Rule 2106. Affirmation of truth of statement [by attorney, physician, osteopath or dentist]. The statement of [an attorney admitted to prac- tice in the courts of the state, or of a physician, osteopath or dentist, authorized by law to practice in the state, who is not a party to an action] ANY PERSON, when subscribed and affirmed by [him] THAT PERSON to be true under the penalties of perjury, may be [served or filed] USED in [the] AN action in lieu of and with the same force and effect as an affidavit. SUCH AFFIRMATION SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM: I AFFIRM THIS DAY OF , , UNDER THE PENALTIES OF PERJURY UNDER THE LAWS OF NEW YORK, WHICH MAY INCLUDE A FINE OR IMPRISONMENT, THAT THE FOREGOING IS TRUE, AND I UNDERSTAND THAT THIS DOCUMENT MAY BE FILED IN AN ACTION OR PROCEEDING IN A COURT OF LAW. (SIGNATURE) S 2. This act shall take effect on the first of January next succeed- 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. LBD09833-01-3
2013-S5372A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9762
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R2106, CPLR
2013-S5372A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5372A TITLE OF BILL: An act to amend the civil practice law and rules, in relation to an affirmation by any person in a civil action This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. This measure would amend CPLR 2106 to add a new paragraph (b) to permit the use of an affirmation in place of an affidavit by any person when subscribed and affirmed by that person when that person is physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, for all purposes in a civil action, a procedure modeled upon the Federal declaration procedure (see 28 USCA 1746; unsworn declarations under penalty of perjury). This measure has been revised from its prior form to add the words "under the laws of New York" in the affirmation. Currently, under New York law, an affidavit must be sworn to before a person authorized to take acknowledgments of deeds by the Real Property Law (CPLR 2309(a)). However, specified professional persons (attorney, physician, osteopath or dentist) may substitute an affirmation for an affidavit in judicial proceedings in which they are
2013-S5372A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5372--A 2013-2014 Regular Sessions I N S E N A T E May 16, 2013 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Commit- tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. Rule 2106 of the civil practice law and rules, as amended by judicial conference proposal number 3 for the year 1973, is amended to read as follows: Rule 2106. Affirmation of truth of statement [by attorney, physician, osteopath or dentist]. (A) The statement of an attorney admitted to practice in the courts of the state, or of a physician, osteopath or dentist, authorized by law to practice in the state, who is not a party to an action, when subscribed and affirmed by him 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. (B) THE STATEMENT OF ANY PERSON, WHEN THAT PERSON IS PHYSICALLY LOCATED OUTSIDE THE GEOGRAPHIC BOUNDARIES OF THE UNITED STATES, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES, SUBSCRIBED AND AFFIRMED BY THAT PERSON TO BE TRUE UNDER THE PENALTIES OF PERJURY, MAY BE USED IN AN ACTION IN LIEU OF AND WITH THE SAME FORCE AND EFFECT AS AN AFFIDAVIT. SUCH AFFIRMATION SHALL BE IN SUBSTANTIALLY THE FOLLOW- ING FORM: I AFFIRM THIS ___ DAY OF ______, ____, UNDER THE PENALTIES OF PERJURY UNDER THE LAWS OF NEW YORK, WHICH MAY INCLUDE A FINE OR IMPRISONMENT, THAT I AM PHYSICALLY LOCATED OUTSIDE THE GEOGRAPHIC BOUNDARIES OF THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09833-03-4
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