Bill Text: NY S00330 | 2021-2022 | General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO JUDICIARY [S00330 Detail]

Download: New_York-2021-S00330-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           330

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (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:

     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 4549 to read as follows:
     3    §  4549.  Statements  in learned treatises, periodicals, or pamphlets.
     4  (a) A statement contained in a treatise, periodical, or  pamphlet  shall
     5  be admissible in evidence if:
     6    1.  the  statement  is called to the attention of an expert witness on
     7  cross-examination or relied on by the expert on direct examination; and
     8    2. the publication is established  as  a  reliable  authority  by  the
     9  expert's  admission  or  testimony, by another expert's testimony, or by
    10  judicial notice.
    11    (b) If admitted, the statement may  be  read  into  evidence  but  not
    12  received as an exhibit.
    13    § 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