Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 17, 2016 |
committed to rules |
May 16, 2016 |
advanced to third reading |
May 11, 2016 |
2nd report cal. |
May 10, 2016 |
1st report cal.795 |
Apr 12, 2016 |
referred to judiciary |
Senate Bill S7256
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2015-S7256 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9541
- Current Committee:
- Senate Rules
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add R4540-a, CPLR
- Versions Introduced in 2017-2018 Legislative Session:
-
S4869, A6048
2015-S7256 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7256 TITLE OF BILL : 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 This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Advisory Committee on Civil Practice. This measure would add a new CPLR 4540-a to eliminate the needless authentication burden often encountered by litigants who seek to introduce into evidence documents or other items authored or otherwise created by an adverse party who produced those materials in the course of pretrial disclosure. It is fundamental, of course, that the genuineness of a document or other physical object must be established as a prerequisite to its admissibility when the relevance of the item depends upon its source or origin. See Barker & Alexander, Evidence in New York State and Federal Courts ยง 9:1 (2d ed. 2011). But evidence of such authenticity should not be required if the party who purportedly authored or otherwise created the documents at issue has already admitted their authenticity. And if a party has responded to a pretrial litigation
2015-S7256 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7256 I N S E N A T E April 12, 2016 ___________ 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. S 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. LBD14217-01-6
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