Legislation
ARTICLE 45
Evidence
Civil Practice Law & Rules (CVP) CHAPTER 8
ARTICLE 45
EVIDENCE
4501. Self-incrimination.
4502. Spouse.
(a) Incompetency where issue adultery.
(b) Confidential communication privileged.
4503. Attorney.
(a) Enacted without subdivision heading.
(b) Wills.
4504. Physician, dentist, podiatrist, chiropractor and nurse.
(a) Confidential information privileged.
(b) Identification by dentist; crime committed against
patient under sixteen.
(c) Mental or physical condition of deceased patient.
(d) Proof of negligence; unauthorized practice of
medicine.
4505. Confidential communication to clergy privileged.
4506. Eavesdropping evidence; admissibility; motion to
suppress in certain cases.
4507. Psychologist.
4508. Social worker.
(a) Confidential information privileged.
(b) Limitations on waiver.
4509. Library records.
4510. Rape crisis counselor.
(a) Definitions.
(b) Confidential information privileged.
(c) Who may waive the privilege.
(d) Limitation on waiver.
4511. Judicial notice of law.
(a) When judicial notice shall be taken without
request.
(b) When judicial notice may be taken without request;
when it shall be taken on request.
(c) Determination by court; review as matter of law.
(d) Evidence to be received on matter to be judicially
noticed.
4512. Competency of interested witness or spouse.
4513. Competency of person convicted of crime.
4514. Impeachment of witness by prior inconsistent statement.
4515. Form of expert opinion.
4516. Proof of age of child.
4517. Prior testimony in a civil action.
(a) Impeachment of witnesses; parties; unavailable
witness.
(b) Use of part of the prior trial testimony of a
witness.
(c) Substitution of parties; prior actions.
4518. Business records.
(a) Generally.
(b) Hospital bills.
(c) Other records.
(d) Enacted without subdivision heading.
(e) Enacted without subdivision heading.
(f) Enacted without subdivision heading.
(g) Pregnancy and childbirth costs.
4519. Personal transaction or communication between witness
and decedent or mentally ill person.
4520. Certificate or affidavit of public officer.
4521. Lack of record.
4522. Ancient filed maps, surveys and records affecting real
property.
4523. Search by title insurance or abstract company.
4524. Conveyance of real property without the state.
4525. Copies of statements under article nine of the uniform
commercial code.
4526. Marriage certificate.
4527. Death or other status of missing person.
(a) Presumed death.
(b) Death, internment, capture and other status.
4528. Weather conditions.
4529. Inspection certificate issued by United States
department of agriculture.
4530. Certificate of population.
(a) Prima facie evidence.
(b) Conclusive evidence.
4531. Affidavit of service or posting notice by person
unavailable at trial.
4532. Self-authentication of newspapers and periodicals of
general circulation.
4532-a. Admissibility of graphic, numerical, symbolic or
pictorial representations of medical or diagnostic
tests.
4532-b. (Enacted without section heading).
4533. Market reports.
4533-a. Prima facie proof of damages.
4533-b. Proof of payment by joint tort-feasor.
4534. Standard of measurement used by surveyor.
4536. Proof of writing by comparison of handwriting.
4537. Proof of writing subscribed by witness.
4538. Acknowledged, proved or certified writing; conveyance of
real property without the state.
4539. Reproductions of original.
4540. Authentication of official record of court or government
office in the United States.
(a) Copies permitted.
(b) Certificate of officer of the state.
(c) Certificate of officer of another jurisdiction.
(d) Printed tariff or classification subject to public
service commission, commissioner of
transportation or interstate commerce commission.
4540-a. Presumption of authenticity based on a party's
production of material authored or otherwise created
by the party.
4541. Proof of proceedings before justice of the peace.
(a) Of the state.
(b) Of another state.
4542. Proof of foreign records and documents.
(a) Foreign record.
(b) Final certification.
(c) Lack of record.
4543. Proof of facts or writing by methods other than those
authorized in this article.
4544. Contracts in small print.
4545. Admissibility of collateral source of payment.
(a) Action for medical, dental or podiatric
malpractice.
(b) Certain actions against a public employer for
personal injury and wrongful death.
(c) Actions for personal injury, injury to property or
wrongful death.
(d) Voluntary charitable contributions excluded as a
collateral source of payment.
4546. Loss of earnings and impairment of earning ability in
actions for medical, dental or podiatric malpractice.
4547. Compromise and offers to compromise.
4548. Privileged communications; electronic communication
thereof.
EVIDENCE
4501. Self-incrimination.
4502. Spouse.
(a) Incompetency where issue adultery.
(b) Confidential communication privileged.
4503. Attorney.
(a) Enacted without subdivision heading.
(b) Wills.
4504. Physician, dentist, podiatrist, chiropractor and nurse.
(a) Confidential information privileged.
(b) Identification by dentist; crime committed against
patient under sixteen.
(c) Mental or physical condition of deceased patient.
(d) Proof of negligence; unauthorized practice of
medicine.
4505. Confidential communication to clergy privileged.
4506. Eavesdropping evidence; admissibility; motion to
suppress in certain cases.
4507. Psychologist.
4508. Social worker.
(a) Confidential information privileged.
(b) Limitations on waiver.
4509. Library records.
4510. Rape crisis counselor.
(a) Definitions.
(b) Confidential information privileged.
(c) Who may waive the privilege.
(d) Limitation on waiver.
4511. Judicial notice of law.
(a) When judicial notice shall be taken without
request.
(b) When judicial notice may be taken without request;
when it shall be taken on request.
(c) Determination by court; review as matter of law.
(d) Evidence to be received on matter to be judicially
noticed.
4512. Competency of interested witness or spouse.
4513. Competency of person convicted of crime.
4514. Impeachment of witness by prior inconsistent statement.
4515. Form of expert opinion.
4516. Proof of age of child.
4517. Prior testimony in a civil action.
(a) Impeachment of witnesses; parties; unavailable
witness.
(b) Use of part of the prior trial testimony of a
witness.
(c) Substitution of parties; prior actions.
4518. Business records.
(a) Generally.
(b) Hospital bills.
(c) Other records.
(d) Enacted without subdivision heading.
(e) Enacted without subdivision heading.
(f) Enacted without subdivision heading.
(g) Pregnancy and childbirth costs.
4519. Personal transaction or communication between witness
and decedent or mentally ill person.
4520. Certificate or affidavit of public officer.
4521. Lack of record.
4522. Ancient filed maps, surveys and records affecting real
property.
4523. Search by title insurance or abstract company.
4524. Conveyance of real property without the state.
4525. Copies of statements under article nine of the uniform
commercial code.
4526. Marriage certificate.
4527. Death or other status of missing person.
(a) Presumed death.
(b) Death, internment, capture and other status.
4528. Weather conditions.
4529. Inspection certificate issued by United States
department of agriculture.
4530. Certificate of population.
(a) Prima facie evidence.
(b) Conclusive evidence.
4531. Affidavit of service or posting notice by person
unavailable at trial.
4532. Self-authentication of newspapers and periodicals of
general circulation.
4532-a. Admissibility of graphic, numerical, symbolic or
pictorial representations of medical or diagnostic
tests.
4532-b. (Enacted without section heading).
4533. Market reports.
4533-a. Prima facie proof of damages.
4533-b. Proof of payment by joint tort-feasor.
4534. Standard of measurement used by surveyor.
4536. Proof of writing by comparison of handwriting.
4537. Proof of writing subscribed by witness.
4538. Acknowledged, proved or certified writing; conveyance of
real property without the state.
4539. Reproductions of original.
4540. Authentication of official record of court or government
office in the United States.
(a) Copies permitted.
(b) Certificate of officer of the state.
(c) Certificate of officer of another jurisdiction.
(d) Printed tariff or classification subject to public
service commission, commissioner of
transportation or interstate commerce commission.
4540-a. Presumption of authenticity based on a party's
production of material authored or otherwise created
by the party.
4541. Proof of proceedings before justice of the peace.
(a) Of the state.
(b) Of another state.
4542. Proof of foreign records and documents.
(a) Foreign record.
(b) Final certification.
(c) Lack of record.
4543. Proof of facts or writing by methods other than those
authorized in this article.
4544. Contracts in small print.
4545. Admissibility of collateral source of payment.
(a) Action for medical, dental or podiatric
malpractice.
(b) Certain actions against a public employer for
personal injury and wrongful death.
(c) Actions for personal injury, injury to property or
wrongful death.
(d) Voluntary charitable contributions excluded as a
collateral source of payment.
4546. Loss of earnings and impairment of earning ability in
actions for medical, dental or podiatric malpractice.
4547. Compromise and offers to compromise.
4548. Privileged communications; electronic communication
thereof.