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Assembly Bill A7596

2019-2020 Legislative Session

Relates to the waiver of privileges

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Archive: Last Bill Status - In Assembly Committee

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2019-A7596 (ACTIVE) - Details

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

2019-A7596 (ACTIVE) - Summary

Relates to the waiver of privileges.

2019-A7596 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7596
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2019
                                ___________
 
 Introduced  by M. of A. WRIGHT, DINOWITZ -- (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.
                                                            LBD11631-01-9

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