senate Bill S7256

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 committed to rules
May 16, 2016 advanced to third reading
May 11, 2016 2nd report cal.
May 10, 2016 1st report cal.795
Apr 12, 2016 referred to judiciary

Votes

view votes

May 10, 2016 - Judiciary committee Vote

S7256
21
0
committee
21
Aye
0
Nay
0
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Judiciary committee vote details

S7256 (ACTIVE) - Details

See Assembly Version of this Bill:
A9541
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add R4540-a, CPLR
Versions Introduced in 2017-2018 Legislative Session:
S4869, A6048

S7256 (ACTIVE) - Summary

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

S7256 (ACTIVE) - Sponsor Memo

S7256 (ACTIVE) - Bill Text download pdf

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

                                  7256

                            I N  S E N A T E

                             April 12, 2016
                               ___________

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
  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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.