Section R2106 - [Multiple versions; see note] Affirmation of truth of statement(a) The statement of an attorney admitted to practice in the courts of the state, or of a health care practitioner licensed, certified, or authorized under title eight of the education law to practice in the state, who is not a party to an action, when subscribed and affirmed by him or her 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 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 I am 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, 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)
Amended by New York Laws 2023, ch. 585,Sec. 1, eff. 10/25/2023.Amended by New York Laws 2014 , ch. 380, Sec. 1, eff. 1/1/2015.CPLR R2106 was separately amended in 2023 and the two amendments cannot be put together.This section is set out more than once due to postponed, multiple, or conflicting amendments.