Assembly Bill A11191

Signed By Governor
2017-2018 Legislative Session

Relates to allowing judicial notice of Google Maps and other web mapping or global imaging websites

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S9061 - 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-A11191 (ACTIVE) - Details

See Senate Version of this Bill:
S9061
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R4511, CPLR

2017-A11191 (ACTIVE) - Summary

Allows judicial notice of an image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, or an internet mapping tool, when requested by a party to the action, subject to a rebuttable presumption.

2017-A11191 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11191
 
                           I N  A S S E M B L Y
 
                               June 14, 2018
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) --
   read once and referred to the Committee on Judiciary
 
 AN  ACT  to amend the civil practice law and rules, in relation to judi-
   cial notice of an image,  map,  location,  distance,  calculation,  or
   other information taken from a web mapping service
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Rule 4511 of the civil practice law and  rules,  as  renum-
 bered by chapter 315 of the laws of 1962, is amended to read as follows:
   Rule  4511.  Judicial notice of law. (a) When judicial notice shall be
 taken without request. Every court shall take  judicial  notice  without
 request  of  the  common  law,  constitutions and public statutes of the
 United States and of every state,  territory  and  jurisdiction  of  the
 United  States and of the official compilation of codes, rules and regu-
 lations of the state except those that relate solely to the organization
 or internal management of an agency of the state and of all  local  laws
 and county acts.
   (b)  When  judicial notice may be taken without request; when it shall
 be taken on request.  Every  court  may  take  judicial  notice  without
 request  of  private  acts and resolutions of the congress of the United
 States and of the legislature of the state; ordinances  and  regulations
 of  officers,  agencies  or governmental subdivisions of the state or of
 the United States; and the laws of foreign countries or their  political
 subdivisions.    Judicial  notice shall be taken of matters specified in
 this subdivision if a party requests it, furnishes the court  sufficient
 information  to enable it to comply with the request, and has given each
 adverse party notice of his intention to request  it.  Notice  shall  be
 given  in  the pleadings or prior to the presentation of any evidence at
 the trial, but a court may require or permit other notice.
   (c) WHEN JUDICIAL NOTICE SHALL BE TAKEN BASED ON A REBUTTABLE PRESUMP-
 TION. EVERY COURT SHALL TAKE JUDICIAL NOTICE OF AN IMAGE, MAP, LOCATION,
 DISTANCE, CALCULATION, OR OTHER INFORMATION TAKEN  FROM  A  WEB  MAPPING
 SERVICE,  A  GLOBAL SATELLITE IMAGING SITE, OR AN INTERNET MAPPING TOOL,
 WHEN REQUESTED BY A  PARTY  TO  THE  ACTION,  SUBJECT  TO  A  REBUTTABLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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