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History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
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
In Assembly Committee · Codes · Sponsor Richard Gottfried
Full text
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Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.