NY State Assembly Bill A11191

Archive: Last Bill Status Via S9061 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2018	approval memo.19 signed chap.516
Dec 18, 2018	delivered to governor
Jun 20, 2018	returned to senate passed assembly ordered to third reading rules cal.491 substituted for a11191
Jun 20, 2018	substituted by s9061 rules report cal.491 reported reported referred to rules reference changed to ways and means
Jun 14, 2018	referred to judiciary

Votes

A11191 (ACTIVE) - Details

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

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.

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

                      [ ] is old law to be omitted.
                                                           LBD16284-02-8

A. 11191                            2

PRESUMPTION  THAT  SUCH  IMAGE, MAP, LOCATION, DISTANCE, CALCULATION, OR
OTHER INFORMATION FAIRLY AND ACCURATELY DEPICTS THE EVIDENCE  PRESENTED.
THE  PRESUMPTION  ESTABLISHED  BY  THIS SUBDIVISION SHALL BE REBUTTED BY
CREDIBLE  AND RELIABLE EVIDENCE THAT THE IMAGE, MAP, LOCATION, DISTANCE,
CALCULATION, OR OTHER INFORMATION TAKEN FROM A WEB  MAPPING  SERVICE,  A
GLOBAL  SATELLITE  IMAGING  SITE,  OR  AN INTERNET MAPPING TOOL DOES NOT
FAIRLY AND ACCURATELY PORTRAY THAT WHICH IT IS BEING OFFERED TO PROVE. A
PARTY INTENDING TO OFFER SUCH IMAGE OR INFORMATION AT A TRIAL OR HEARING
SHALL, AT LEAST THIRTY DAYS BEFORE THE TRIAL OR HEARING, GIVE NOTICE  OF
SUCH  INTENT,  PROVIDING  A  COPY  OR SPECIFYING THE INTERNET ADDRESS AT
WHICH SUCH IMAGE OR INFORMATION MAY BE INSPECTED. NO LATER THAN TEN DAYS
BEFORE THE TRIAL OR HEARING, A PARTY UPON WHOM SUCH NOTICE IS SERVED MAY
OBJECT TO THE REQUEST FOR JUDICIAL NOTICE OF SUCH IMAGE OR  INFORMATION,
STATING THE GROUNDS FOR THE OBJECTION. UNLESS OBJECTION IS MADE PURSUANT
TO THIS SUBDIVISION, OR IS MADE AT TRIAL BASED UPON EVIDENCE WHICH COULD
NOT  HAVE  BEEN DISCOVERED BY THE EXERCISE OF DUE DILIGENCE PRIOR TO THE
TIME FOR OBJECTION OTHERWISE REQUIRED BY  THIS  SUBDIVISION,  THE  COURT
SHALL TAKE JUDICIAL NOTICE OF SUCH IMAGE OR INFORMATION.
  (D)  Determination by court; review as matter of law. Whether a matter
is judicially noticed or proof is taken, every matter specified in  this
section shall be determined by the judge or referee, and included in his
OR HER findings or charged to the jury. Such findings or charge shall be
subject to review on appeal as a finding or charge on a matter of law.
  [(d)]  (E) Evidence to be received on matter to be judicially noticed.
In considering whether a matter of law should be judicially noticed  and
in determining the matter of law to be judicially noticed, the court may
consider  any  testimony,  document,  information  or  argument  on  the
subject, whether offered by  a  party  or  discovered  through  its  own
research.   Whether or not judicial notice is taken, a printed copy of a
statute or other written law or a proclamation, edict, decree  or  ordi-
nance  by an executive contained in a book or publication, purporting to
have been published by a government or commonly admitted as evidence  of
the  existing law in the judicial tribunals of the jurisdiction where it
is in force, is prima facie evidence of such law and  the  unwritten  or
common  law  of  a  jurisdiction  may  be proved by witnesses or printed
reports of cases of the courts of the jurisdiction.
  § 2. This act shall take effect immediately.

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The New York State Senate

assembly Bill A11191

Sponsored By

Archive: Last Bill Status Via S9061 - Signed by Governor

Your Voice

Actions

Votes

Jun 18, 2018 - floor Vote

Floor Vote: Jun 18, 2018

Jun 18, 2018 - Rules committee Vote

Committee Vote: Jun 18, 2018

A11191 (ACTIVE) - Details

A11191 (ACTIVE) - Summary

A11191 (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A11191

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Sponsored By

DINOWITZ

Archive: Last Bill Status Via S9061 - Signed by Governor

Your Voice

Actions

Votes

Jun 18, 2018 - floor Vote

Floor Vote: Jun 18, 2018

Jun 18, 2018 - Rules committee Vote

Committee Vote: Jun 18, 2018

A11191 (ACTIVE) - Details

A11191 (ACTIVE) - Summary

A11191 (ACTIVE) - Bill Text download pdf

Comments