BILL NUMBER: S8372

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to
expenses in matrimonial actions

2.  
SOURCE OF BILL

This bill is being introduced at the request of the Judiciary, upon the
recommendation of the Chief Administrative Judge's Matrimonial Practice
Advisory and Rules Committee.

3.  
PURPOSE OF BILL

This bill would add a new Rule 4533-c to the Civil Practice Law and
Rules (CPLR) to create a rebuttable presumption on proof of expenses in
matrimonial actions that differs from the general rule in civil cases
(Rule 4533-a). A separate rule is appropriate for matrimonial cases
because it is especially frequent and necessary for minor expenses to be
incurred for several children and other family matters in such cases.
              

The separate rule for matrimonial cases will make it easier for liti-
gants, especially self-represented litigants, to admit documents into
evidence than is currently the case under Rule 4533-a, which has a
$2.000 cap and a limit of one invoice per provider.

4.  
SUMMARY OF PROVISIONS

Section 1 of the bill describes the types of matrimonial actions to
which it applies. It creates a rebuttable presumption that an itemized
bill or invoice, receipted or marked paid, for court-ordered obli-
gations, child-related expenses, household expenses, goods, services or
repairs in an amount not in excess of $10,000 shall be admissible in
evidence, as long as it is accompanied by a sworn statement by the
person who created the bill or invoice verifying its authenticity with
assurances that the expenses were validly incurred and no portion will
be refunded to the debtor and the charges are usual and customary
amounts charged. There is also a requirement that notice of intent to
introduce the itemized bill or invoice at trial must be served on the
adverse party at least 30 days before trial. Additionally, there is a
procedure to allow the adverse party to rebut the invoice or bill.

Section 2 of the bill provides for an effective date 60 days after
enactment.

5.  
JUSTIFICATION

Rule 4533-a of the CPLR governs the admissibility of evidence of
expenses in civil actions, including the documentation requirements.
The rule specifies that: (1) an itemized bill or invoice for up to
$2,000 is prima facie evidence. ofthe reasonable value and necessity of
the "services or repairs" that are itemized; (2) there must be a "veri-
fied statement" that the amounts itemized are the "usual and customary
rates" charged for the service or repair; (3) no more than one bill or
invoice from the same person to the same debtor is admissible in
evidence in the same action; and (4) a notice of intention to introduce
the invoice into evidence must be served on each party at least 10 days
before trial.
Unfortunately, these restrictions are often unworkable in matrimonial
cases, because it is frequently necessary for minor expenses to be
incurred for several children and other family matters. Bills for those
expenses would be inadmissible under Rule 4533-a due to the requirement
that there be only one invoice per provider, the relatively low cap of
$2,000, and the fact that these expenses may not qualify as "services or
repairs."

This bill therefore creates a new Rule 4533-c for matrimonial actions,
which would also allow evidence of any "court-ordered obligations, child
related expenses, household expenses, goods, services or repairs" to be
admitted in this manner. The new rule removes the "services or repairs"
limitation, increases the monetary cap from $2,000 to $10,000, and
permits more than one invoice per provider.  This will make it easier
for litigants, especially self-represented litigants, to admit bills or
invoices into evidence without having to produce the provider at trial.

The proposed rule is also fairer and more understandable for self-repre-
sented litigants than Rule 4533-a. It provides the adverse party with 30
days' notice of intent to admit, rather than 10 days' notice as required
by Rule 4533-a, thereby allowing more time to prepare objections,
subpoena witnesses, and gather proof for trial.  It also makes clearer
to both parties that it applies to expenses (rather than damages usually
sought in personal injury actions), and that the admissibility of the
expenses can be rebutted since it is called a "rebuttable presumption of
expenses" rather than "prima facie proof of damages" as Rule 4533-a is
titled. Unlike Rule 4533-a, the proposed rule also provides a procedure
to follow for rebuttal which requires that the adverse party provide the
other party a notice and basis for rebuttal at least 15 days before
trial.

Finally, by reducing the need to call witnesses to admit proof of minor
expenses at trial, trial time and legal fees will be reduced, thereby
improving court efficiency.

6.  
PRIOR LEGISLATIVE HISTORY

Similar bills have been submitted by the Judiciary since 2019, but have
not passed either house.

7.  
FISCAL IMPLICATIONS

None.

8.  
EFFECTIVE DATE
This bill would take effect 60 days after it becomes a law.