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.
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This bill eliminates the outdated and pejorative designation of "poor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defend a legal action as "poor persons" is a highly outdated, pejora-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.
