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Assembly Bill A6606

2017-2018 Legislative Session

Relates to the waiver of privileges

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2017-A6606 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4550, CPLR

2017-A6606 (ACTIVE) - Summary

Relates to the waiver of privileges.

2017-A6606 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6606
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 9, 2017
                                ___________
 
 Introduced by M. of A. WRIGHT, 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
   waiver of privileges
 
   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 4550 to read as follows:
   § 4550. SCOPE OF WAIVER OF PRIVILEGES. (A) WHEN DISCLOSURE IS MADE  IN
 AN  ACTION OR TO A GOVERNMENT OFFICE OR AGENCY THAT WAIVES ANY PRIVILEGE
 PROVIDED IN THIS ARTICLE, OR ANY PRIVILEGE  UNDER  SUBDIVISION  (C)  AND
 PARAGRAPH  TWO  OF SUBDIVISION (D) OF SECTION THREE THOUSAND ONE HUNDRED
 ONE OF THIS CHAPTER, THE WAIVER EXTENDS TO AN UNDISCLOSED  COMMUNICATION
 OR INFORMATION ONLY IF: (1) THE WAIVER IS INTENTIONAL; (2) THE DISCLOSED
 AND  UNDISCLOSED  COMMUNICATIONS OR INFORMATION CONCERN THE SAME SUBJECT
 MATTER; AND (3) THE DISCLOSED AND UNDISCLOSED  COMMUNICATIONS  OUGHT  IN
 FAIRNESS TO BE CONSIDERED TOGETHER.
   (B)  WHEN  MADE  IN  AN  ACTION OR TO A GOVERNMENT OFFICE OR AGENCY, A
 DISCLOSURE DOES NOT WAIVE ANY PRIVILEGE PROVIDED IN THIS ARTICLE, OR ANY
 PRIVILEGE UNDER SUBDIVISION (C) AND PARAGRAPH TWO OF SUBDIVISION (D)  OF
 SECTION  THREE  THOUSAND  ONE  HUNDRED  ONE OF THIS CHAPTER, IF: (1) THE
 DISCLOSURE IS INADVERTENT; (2) THE HOLDER OF THE PRIVILEGE OR PROTECTION
 TOOK REASONABLE STEPS TO PREVENT DISCLOSURE; AND (3) THE HOLDER  OF  THE
 PRIVILEGE  OR  PROTECTION  TOOK  REASONABLE  STEPS  TO RECTIFY THE ERROR
 UNLESS THE PARTY IN POSSESSION OF THE DISCLOSURE  DEMONSTRATES  THAT  IT
 WILL BE UNDULY PREJUDICED BY THE NULLIFICATION OF THE WAIVER.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law, and shall apply to all
 actions pending on or commenced on or after such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06758-01-7

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