Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 |
referred to judiciary |
Jun 20, 2019 |
recommitted to rules |
Jun 19, 2019 |
ordered to third reading cal.1710 |
Jun 05, 2019 |
referred to rules |
Senate Bill S6335
2019-2020 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
2019-S6335 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7599
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add §4549, CPLR
- Versions Introduced in 2021-2022 Legislative Session:
-
S7093, A8040
2019-S6335 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6335 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the civil practice law and rules, in relation to admissibility of an opposing party's statement 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 relax the common law exclusion of the hearsay state- ment of a party's agent or employee, provided that the statement was on a matter within the scope of that employment or agency relationship, and made during the existence of the relationship. The measure would add a new CPLR 4551, and provide that New York's hearsay exception shall follow the approach of Federal Rule of Evidence 801(d)(2) (D). The measure is intended to change the extent of authority that a propo- nent must show in order to make the hearsay statement of an opposing party's agent or employee admissible. While under current law it appears clear that a hearsay statement will be admissible if there was actual authority to speak on behalf of the party, such authority often may be shown only by implication in light of the circumstances of the employ-
2019-S6335 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6335 2019-2020 Regular Sessions I N S E N A T E June 5, 2019 ___________ Introduced by Sen. HOYLMAN -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the civil practice law and rules, in relation to admis- sibility of an opposing party's statement 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 4549 to read as follows: § 4549. ADMISSIBILITY OF AN OPPOSING PARTY'S STATEMENT. A STATEMENT OFFERED AGAINST AN OPPOSING PARTY SHALL NOT BE EXCLUDED FROM EVIDENCE AS HEARSAY IF MADE BY A PERSON WHOM THE OPPOSING PARTY AUTHORIZED TO MAKE A STATEMENT ON THE SUBJECT OR BY THE OPPOSING PARTY'S AGENT OR EMPLOYEE ON A MATTER WITHIN THE SCOPE OF THAT RELATIONSHIP AND DURING THE EXISTENCE OF THAT RELATIONSHIP. § 2. This act shall take effect immediately and shall apply to all actions pending on or after its effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11641-01-9
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