Senate Bill S330

2021-2022 Legislative Session

Relates to the admissibility into evidence of statements in learned treatises, periodicals, or pamphlets

download bill text pdf

Sponsored By

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

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2021-S330 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4549, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: S8914
2023-2024: S531

2021-S330 (ACTIVE) - Summary

Permits the admissibility into evidence of statements in learned treatises, periodicals, or pamphlets if the statement is called to the attention of an expert witness and the publication is established as a reliable authority by the expert's admission or testimony, by another expert's testimony, or by judicial notice.

2021-S330 (ACTIVE) - Sponsor Memo

2021-S330 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    330
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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
   admissibility  of  statements  in  learned  treatises, periodicals, or
   pamphlets

   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.  STATEMENTS  IN LEARNED TREATISES, PERIODICALS, OR PAMPHLETS.
 (A) A STATEMENT CONTAINED IN A TREATISE, PERIODICAL, OR  PAMPHLET  SHALL
 BE ADMISSIBLE IN EVIDENCE IF:
   1.  THE  STATEMENT  IS CALLED TO THE ATTENTION OF AN EXPERT WITNESS ON
 CROSS-EXAMINATION OR RELIED ON BY THE EXPERT ON DIRECT EXAMINATION; AND
   2. THE PUBLICATION IS ESTABLISHED  AS  A  RELIABLE  AUTHORITY  BY  THE
 EXPERT'S  ADMISSION  OR  TESTIMONY, BY ANOTHER EXPERT'S TESTIMONY, OR BY
 JUDICIAL NOTICE.
   (B) IF ADMITTED, THE STATEMENT MAY  BE  READ  INTO  EVIDENCE  BUT  NOT
 RECEIVED AS AN EXHIBIT.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03772-01-1



              

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