senate Bill S7143

Signed by Governor

Relates to business records of non-parties

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 30 / Apr / 2014
    • REFERRED TO JUDICIARY
  • 06 / May / 2014
    • 1ST REPORT CAL.525
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 20 / May / 2014
    • PASSED SENATE
  • 20 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 20 / May / 2014
    • REFERRED TO JUDICIARY
  • 12 / Jun / 2014
    • SUBSTITUTED FOR A9314
  • 12 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.193
  • 12 / Jun / 2014
    • PASSED ASSEMBLY
  • 12 / Jun / 2014
    • RETURNED TO SENATE
  • 01 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 11 / Aug / 2014
    • SIGNED CHAP.314

Summary

Relates to business records of non-parties.

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Bill Details

See Assembly Version of this Bill:
A9314
Versions:
S7143
Legislative Cycle:
2013-2014
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3122-a, CPLR

Sponsor Memo

BILL NUMBER:S7143

TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to business records of non-parties

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Advisory
Committee on Civil Practice.

Rule 3122-a of the CPLR was adopted to facilitate the introduction of
business records produced by third parties either in discovery or for
trial. It eliminates the need to bring in a custodian or other witness
to testify to the authenticity of records by allowing such a custodian
or other qualifying witness to provide a certification to that effect
accompanying the documents.

One serious limitation to rule 3122-a in its present form is that it
applies only to business records produced pursuant to a subpoena duces
tecum under rule 3120. We see no reason that this desirable procedure
should be limited to records produced solely by subpoena. In many
cases, documents may be produced by third parties voluntarily, and
those parties should not be put to the inconvenience of having to
produce a witness to testify at trial as to the authenticity,
regularity and completeness of the documents. Thus, we propose that
rule 3122-a be amended to add a new subdivision allowing its
certification procedures to apply to all business records produced by
non-parties whether or not pursuant to subpoena.

It bears noting that any party may object to the procedure set forth
in rule 3122-a after receiving notice from the party intending to use
that procedure to introduce business records at trial. If the court
sustains the objection, the introducing party will need to bring in a
witness at trial to testify to lay the foundation for admission of the
documents. Further, rule 3122-a does not supplant the procedure set
forth in CPLR 2306 as to the introduction of hospital and municipal
records at trial. A party seeking to introduce those records may still
rely upon the procedure set forth in section 2306 or, alternatively,
may follow the rule 3122-a procedures.

This measure, which would have no fiscal impact on the public
treasury, would take effect immediately.

Legislative History:

None. New Proposal.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7143

                            I N  S E N A T E

                             April 30, 2014
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to amend the civil practice law and rules, in relation to busi-
  ness records of non-parties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Rule 3122-a of the civil practice law and rules is amended
by adding a new subdivision (d) to read as follows:
  (D) THE CERTIFICATION AUTHORIZED BY THIS RULE MAY BE USED AS TO  BUSI-
NESS  RECORDS  PRODUCED  BY  NON-PARTIES  WHETHER  OR  NOT PURSUANT TO A
SUBPOENA SO LONG AS THE CUSTODIAN OR OTHER QUALIFIED WITNESS ATTESTS  TO
THE  FACTS  SET FORTH IN PARAGRAPHS ONE, TWO AND FOUR OF SUBDIVISION (A)
OF THIS RULE.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13638-01-4

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