Assembly Bill A6048

Signed By Governor
2017-2018 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

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Archive: Last Bill Status - Signed by Governor

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

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2017-A6048 (ACTIVE) - Details

See Senate Version of this Bill:
S4869
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add R4540-a, CPLR
Versions Introduced in 2015-2016 Legislative Session:
A9541, S7256

2017-A6048 (ACTIVE) - Summary

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

2017-A6048 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6048
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2017
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, WEINSTEIN, WEPRIN -- (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.
   § 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.
                                                            LBD06638-01-7

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