Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 24, 2018 |
signed chap.219 |
Aug 13, 2018 |
delivered to governor |
Jun 19, 2018 |
returned to assembly passed senate 3rd reading cal.321 substituted for s4869 |
Mar 20, 2018 |
referred to judiciary delivered to senate passed assembly |
Jan 03, 2018 |
ordered to third reading cal.433 returned to assembly died in senate |
Jun 21, 2017 |
committed to rules substitution reconsidered |
Jun 06, 2017 |
3rd reading cal.631 substituted for s4869 |
Jun 19, 2018 |
substituted by a6048 |
Feb 06, 2018 |
advanced to third reading |
Feb 05, 2018 |
2nd report cal. |
Jan 30, 2018 |
1st report cal.321 |
Jan 03, 2018 |
referred to judiciary |
Jun 21, 2017 |
committed to rules restored to third reading substitution reconsidered |
Jun 06, 2017 |
substituted by a6048 |
May 01, 2017 |
advanced to third reading |
Apr 26, 2017 |
2nd report cal. |
Apr 25, 2017 |
1st report cal.631 |
Mar 03, 2017 |
referred to judiciary |
Senate Bill S4869
Signed By Governor2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A6048 - 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
Actions
Votes
2017-S4869 (ACTIVE) - Details
2017-S4869 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4869 TITLE OF BILL : 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 This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Advisory Committee on Civil Practice. This measure would add a new CPLR 4540-a to eliminate the needless authentication burden often encountered by litigants who seek to introduce into evidence documents or other items authored or otherwise created by an adverse party who produced those materials in the course of pretrial disclosure. It is fundamental, of course, that the genuineness of a document or other physical object must be established as a prerequisite to its admissibility when the relevance of the item depends upon its source or origin. See Barker & Alexander, Evidence in New York State and Federal Courts § 9:1 (2d ed. 2011). But evidence of such authenticity should not be required if the party who purportedly authored or otherwise created the documents at issue has already admitted their authenticity. And if a party has responded to a pretrial litigation demand for its documents by producing those documents, the party has indeed implicitly acknowledged their authenticity. Thus, in such
2017-S4869 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4869 2017-2018 Regular Sessions I N S E N A T E March 3, 2017 ___________ 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. § 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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