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Assembly Bill A9541

2015-2016 Legislative Session

Relates to the authenticating effect of a party's production of material authored or otherwise created by the party

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2015-A9541 (ACTIVE) - Details

See Senate Version of this Bill:
S7256
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add R4540-a, CPLR
Versions Introduced in 2017-2018 Legislative Session:
A6048, S4869

2015-A9541 (ACTIVE) - Summary

Relates to the authenticating effect of a party's production of material authored or otherwise created by the party.

2015-A9541 (ACTIVE) - Bill Text download pdf 

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

                                  9541

                          I N  A S S E M B L Y

                             March 16, 2016
                               ___________

Introduced by M. of A. ZEBROWSKI, WEINSTEIN -- (at request of the Office
  of Court Administration) -- read once and referred to the Committee on
  Judiciary

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  authenticating effect of a party's production of material authored  or
  otherwise created by the party

  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
rule 4540-a to read as follows:
  RULE 4540-A. PRESUMPTION OF AUTHENTICITY BASED ON A PARTY'S PRODUCTION
OF MATERIAL AUTHORED OR  OTHERWISE  CREATED  BY  THE  PARTY.    MATERIAL
PRODUCED  BY A PARTY IN RESPONSE TO A DEMAND PURSUANT TO ARTICLE THIRTY-
ONE OF THIS CHAPTER FOR MATERIAL AUTHORED OR OTHERWISE CREATED  BY  SUCH
PARTY  SHALL  BE  PRESUMED  AUTHENTIC  WHEN  OFFERED INTO EVIDENCE BY AN
ADVERSE PARTY. SUCH PRESUMPTION MAY BE REBUTTED BY  A  PREPONDERANCE  OF
EVIDENCE  PROVING SUCH MATERIAL IS NOT AUTHENTIC, AND SHALL NOT PRECLUDE
ANY OTHER OBJECTION TO ADMISSIBILITY.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14217-01-6

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