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A10351 Summary:

BILL NOA10351
 
SAME ASSAME AS S09452
 
SPONSORRules (Cook)
 
COSPNSR
 
MLTSPNSR
 
Amd Art 11 Art Head, §§1101, 1102 & 1103, CPLR; amd §380.55, CP L
 
Relates to the waiver of costs, fees, and expenses for persons of insufficient means; removes the phrase "poor persons" from article 11 of the civil practice law and rules and the criminal procedure law.
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A10351 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10351
 
SPONSOR: Rules (Cook)
  TITLE OF BILL: An act to amend the civil practice law and rules and the criminal proce- dure law, in relation to the waiver of costs, fees, and expenses for persons of insufficient means and to eliminating the phrase "poor person" 2.   SOURCE OF BILL This bill is being introduced at the request of the Judiciary, upon the recommendation of the Chief Administrative Judge's Advisory Committee on Civil Practice. 3.   PURPOSE OF BILL This bill eliminates the outdated and pejorative designation of "poor person" status for court users who lack sufficient means to pay the costs, fees, and expenses necessary to prosecute or defend an action or appeal. 4.   SUMMARY OF PROVISIONS Section 1 of the bill amends CPLR § 1101(a) to remove the reference to "motion for permission to proceed as a poor person," and redesignate that motion as a "motion to waive costs, fees, and expenses" via "affir- mation or affidavit"; and to provide that, in order to prevail on such a motion, a moving party must show that such party "lacks sufficient means to pay the costs, fees, and expenses necessary to prosecute or defend the action or appeal." Sections 2 and 3 of the bill amend CPLR §§ 1102 and 1103, respectively, to remove references to "poor person" and replace them with references to a party who successfully moves a court pursuant to CPLR 1101(a). Section 4 of the bill makes similar changes to Section 380.55 of the Criminal Procedure Law. Section 5 of the bill makes the bill effective immediately. 5.   JUSTIFICATION This bill would amend CPLR §§ 1101, 1102, and 1103, as well as Criminal Procedure Law § 380.55, to eliminate the use of the phrase "poor person." The designation of individuals with insufficient means to prosecute or defend a legal action as "poor persons" is a highly outdated, pejora- tive, and often inaccurate legal term. This bill would amend the affected statutes to eliminate such designation and to clearly and accu- rately reflect their combined purpose, which is to describe the making of a motion to waive costs, fees, and expenses, and the benefits that can flow from a successful motion. Furthermore, this bill would clarify that the "property" that must be reported by a moving party under CPLR § 1101 as among the party's assets, in addition to the party's other income, is real property owned by the moving party. In addition, given recent amendments to CPLR 2106 authorizing the use of affirmations in lieu of affidavits for any person in a civil action pursuant to chapter 559 of the Laws of 2023, the bill further amends CPLR 1101 to provide that a party may submit an affirmation when moving for a waiver of costs, fees, and expenses. This change will help make it clear that a party is no longer required to submit a notarized affidavit when making such motion. This should save individuals, many of whom are impecunious, the time, cost, and burden associated with locating a nota- ry. 6.   PRIOR LEGISLATIVE HISTORY None. This is a new proposal. 7.   FISCAL IMPLICATIONS None. 8.   EFFECTIVE DATE Immediately.
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