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This entry was published on 2014-09-22
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SECTION 4532-A
Admissibility of graphic, numerical, symbolic or pictorial representations of medical or diagnostic tests
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 45
Rule 4532-a. Admissibility of graphic, numerical, symbolic or
pictorial representations of medical or diagnostic tests. A graphic,
numerical, symbolic or pictorial representation of the results of a
medical or diagnostic procedure or test is admissible in evidence
provided:

(1) the name of the injured party, the date when the information
constituting the graphic, numerical, symbolic or pictorial
representation was taken, and such additional identifying information as
is customarily inscribed by the medical practitioner or medical facility
is inserted on such graphic, numerical, symbolic or pictorial
representation; and

(2) (a) the representation has been previously received or examined by
the party or parties against whom it is being offered; or

(b)(i) at least ten days before the date of trial of the action, the
party intending to offer such graphic, numerical, symbolic or pictorial
representation as a proposed exhibit serves upon the party or parties
against whom said proposed exhibit is to be offered, a notice of
intention to offer such proposed exhibit in evidence during the trial
and that the same is available for inspection; and

(ii) the notice aforesaid is accompanied by an affidavit or
affirmation of such physician identifying such graphic, numerical,
symbolic or pictorial representation and attesting to the identifying
information inscribed thereon, attesting that the identifying
information inscribed thereon is the same as is customarily inscribed by
the medical practitioner or facility, and further attesting that, if
called as a witness in the action, he or she would so testify.

Nothing contained in this rule, however, shall prohibit the
admissibility of a graphic, numerical, symbolic or pictorial
representation in evidence where otherwise admissible.