Bill Text: NY S04869 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 4869 (Prior Session Legislation)

Introduced

Bill Title: Relates to the authenticating effect of a party's production of material authored or otherwise created by the party.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-06-06 - SUBSTITUTED BY A6048 [S04869 Detail]

Download: New_York-2017-S04869-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          4869
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 3, 2017
                                       ___________
        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:
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  rule 4540-a to read as follows:
     3    Rule 4540-a. Presumption of authenticity based on a party's production
     4  of material authored or  otherwise  created  by  the  party.    Material
     5  produced  by a party in response to a demand pursuant to article thirty-
     6  one of this chapter for material authored or otherwise created  by  such
     7  party  shall  be  presumed  authentic  when  offered into evidence by an
     8  adverse party. Such presumption may be rebutted by  a  preponderance  of
     9  evidence  proving such material is not authentic, and shall not preclude
    10  any other objection to admissibility.
    11    § 2. This act shall take effect on the first of January next  succeed-
    12  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.
                                                                   LBD06638-01-7