senate Bill S7245

2013-2014 Legislative Session

Provides that expert opinion that is otherwise admissible in evidence shall not be rendered inadmissible by virtue of the expert's reliance on a report or other data not itself in evidence

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Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.669
May 07, 2014 referred to judiciary

Votes

view votes

May 13, 2014 - Judiciary committee Vote

S7245
21
0
committee
21
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Judiciary committee vote details

S7245 - Details

Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add ยง4549, CPLR

S7245 - Summary

Provides that expert opinion that is otherwise admissible in evidence shall not be rendered inadmissible by virtue of the expert's reliance on a report or other data not itself in evidence.

S7245 - Sponsor Memo

S7245 - Bill Text download pdf

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

                                  7245

                            I N  S E N A T E

                               May 7, 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 the
  admissibility of certain expert testimony

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

  Section 1. The civil practice law and rules is amended by adding a new
section 4549 to read as follows:
  S 4549. ADMISSIBILITY OF CERTAIN EXPERT TESTIMONY. EXPERT OPINION THAT
IS  OTHERWISE  ADMISSIBLE IN EVIDENCE SHALL NOT BE RENDERED INADMISSIBLE
BY VIRTUE OF THE EXPERT'S RELIANCE ON A REPORT OR OTHER  DATA  WHICH  IS
NOT  ITSELF  IN  EVIDENCE  IF THAT REPORT OR DATA IS OF A KIND ROUTINELY
ACCEPTED IN THE PROFESSION AS RELIABLE IN FORMING A  PROFESSIONAL  OPIN-
ION.  THE  RULE  SET  FORTH  IN THIS SECTION SHALL APPLY IRRESPECTIVE OF
WHETHER THE AUTHOR OR SOURCE OF THE PREDICATE REPORT OR DATA IS IN COURT
OR AVAILABLE FOR CROSS-EXAMINATION. THE RULE SET FORTH IN  THIS  SECTION
SHALL  NOT  APPLY TO A PREDICATE REPORT OR OPINION PREPARED FOR PURPOSES
OF LITIGATION.  THIS SECTION DOES NOT RENDER INADMISSIBLE  ANY  EVIDENCE
THAT IS OTHERWISE ADMISSIBLE BY STATUTE OR COMMON LAW.
  S  2.  This  act  shall take effect immediately and shall apply to all
actions pending on or after such effective date.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14223-02-4

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