Allows an affirmation by any person, wherever made, subscribed and affirmed by that person to be true under the penalties of perjury, to be used in a civil action in New York in lieu of and with the same force and effect as an affidavit.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5772
SPONSOR: Lavine TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to an
affirmation by any person, wherever made, in a civil action
PURPOSE:
To allow any person to submit an affirmation under penalty of perjury in
lieu of an affidavit
SUMMARY OF PROVISIONS:
Section 1 amends CPLR 2106 to expand the ability to submit an affirma-
tion in lieu of an affidavit from certain health care practitioners to
any person.
Section 2 provides the effective date.
JUSTIFICATION:
The requirement that litigants and other court participants have docu-
ments notarized is unduly burdensome, and federal law removed such
requirements for federal courts decades ago. Attorneys, physicians,
osteopaths and dentists, as well as any person outside the jurisdiction
of the United States, are already exempt from the New York requirement
to submit affidavits and may submit affirmations instead.
This bill will align NeW York with the over 20 states that follow feder-
al practice. It will relieve unnecessary burdens on litigants, non-party
witnesses, county clerks, and courts.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This shall take effect on the first of January next succeeding the date
upon which it shall have become a law and shall apply to all actions
commenced on or after such effective date and all actions pending on
such effective date.
