Bill Text: NY A11191 | 2017-2018 | General Assembly | Introduced


Bill Title: Allows judicial notice of an image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, or an internet mapping tool, when requested by a party to the action, subject to a rebuttable presumption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-20 - substituted by s9061 [A11191 Detail]

Download: New_York-2017-A11191-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          11191
                   IN ASSEMBLY
                                      June 14, 2018
                                       ___________
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) --
          read once and referred to the Committee on Judiciary
        AN  ACT  to amend the civil practice law and rules, in relation to judi-
          cial notice of an image,  map,  location,  distance,  calculation,  or
          other information taken from a web mapping service
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Rule 4511 of the civil practice law and  rules,  as  renum-
     2  bered by chapter 315 of the laws of 1962, is amended to read as follows:
     3    Rule  4511.  Judicial notice of law. (a) When judicial notice shall be
     4  taken without request. Every court shall take  judicial  notice  without
     5  request  of  the  common  law,  constitutions and public statutes of the
     6  United States and of every state,  territory  and  jurisdiction  of  the
     7  United  States and of the official compilation of codes, rules and regu-
     8  lations of the state except those that relate solely to the organization
     9  or internal management of an agency of the state and of all  local  laws
    10  and county acts.
    11    (b)  When  judicial notice may be taken without request; when it shall
    12  be taken on request.  Every  court  may  take  judicial  notice  without
    13  request  of  private  acts and resolutions of the congress of the United
    14  States and of the legislature of the state; ordinances  and  regulations
    15  of  officers,  agencies  or governmental subdivisions of the state or of
    16  the United States; and the laws of foreign countries or their  political
    17  subdivisions.    Judicial  notice shall be taken of matters specified in
    18  this subdivision if a party requests it, furnishes the court  sufficient
    19  information  to enable it to comply with the request, and has given each
    20  adverse party notice of his intention to request  it.  Notice  shall  be
    21  given  in  the pleadings or prior to the presentation of any evidence at
    22  the trial, but a court may require or permit other notice.
    23    (c) When judicial notice shall be taken based on a rebuttable presump-
    24  tion. Every court shall take judicial notice of an image, map, location,
    25  distance, calculation, or other information taken  from  a  web  mapping
    26  service,  a  global satellite imaging site, or an internet mapping tool,
    27  when requested by a  party  to  the  action,  subject  to  a  rebuttable
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16284-02-8

        A. 11191                            2
     1  presumption  that  such  image, map, location, distance, calculation, or
     2  other information fairly and accurately depicts the evidence  presented.
     3  The  presumption  established  by  this subdivision shall be rebutted by
     4  credible  and reliable evidence that the image, map, location, distance,
     5  calculation, or other information taken from a web  mapping  service,  a
     6  global  satellite  imaging  site,  or  an internet mapping tool does not
     7  fairly and accurately portray that which it is being offered to prove. A
     8  party intending to offer such image or information at a trial or hearing
     9  shall, at least thirty days before the trial or hearing, give notice  of
    10  such  intent,  providing  a  copy  or specifying the internet address at
    11  which such image or information may be inspected. No later than ten days
    12  before the trial or hearing, a party upon whom such notice is served may
    13  object to the request for judicial notice of such image or  information,
    14  stating the grounds for the objection. Unless objection is made pursuant
    15  to this subdivision, or is made at trial based upon evidence which could
    16  not  have  been discovered by the exercise of due diligence prior to the
    17  time for objection otherwise required by  this  subdivision,  the  court
    18  shall take judicial notice of such image or information.
    19    (d)  Determination by court; review as matter of law. Whether a matter
    20  is judicially noticed or proof is taken, every matter specified in  this
    21  section shall be determined by the judge or referee, and included in his
    22  or her findings or charged to the jury. Such findings or charge shall be
    23  subject to review on appeal as a finding or charge on a matter of law.
    24    [(d)]  (e) Evidence to be received on matter to be judicially noticed.
    25  In considering whether a matter of law should be judicially noticed  and
    26  in determining the matter of law to be judicially noticed, the court may
    27  consider  any  testimony,  document,  information  or  argument  on  the
    28  subject, whether offered by  a  party  or  discovered  through  its  own
    29  research.   Whether or not judicial notice is taken, a printed copy of a
    30  statute or other written law or a proclamation, edict, decree  or  ordi-
    31  nance  by an executive contained in a book or publication, purporting to
    32  have been published by a government or commonly admitted as evidence  of
    33  the  existing law in the judicial tribunals of the jurisdiction where it
    34  is in force, is prima facie evidence of such law and  the  unwritten  or
    35  common  law  of  a  jurisdiction  may  be proved by witnesses or printed
    36  reports of cases of the courts of the jurisdiction.
    37    § 2. This act shall take effect immediately.
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