senate Bill S4869

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

Sponsored By

Archive: Last Bill Status Via A6048 - 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 (29)
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

Votes

view votes

Jan 30, 2018 - Judiciary committee Vote

S4869
22
0
committee
22
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Judiciary committee vote details

Apr 25, 2017 - Judiciary committee Vote

S4869
21
0
committee
21
Aye
0
Nay
0
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Judiciary committee vote details

S4869 (ACTIVE) - Details

See Assembly Version of this Bill:
A6048
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add R4540-a, CPLR
Versions Introduced in 2015-2016 Legislative Session:
S7256, A9541

S4869 (ACTIVE) - Summary

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

S4869 (ACTIVE) - Sponsor Memo

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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