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Bill > S06229


NY S06229

NY S06229
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.


summary

Introduced
03/06/2025
In Committee
03/06/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the civil practice law and rules, in relation to the admissibility of statements in learned treatises, periodicals, or pamphlets

AI Summary

This bill amends the New York Civil Practice Law and Rules by introducing a new section (§ 4552) that establishes guidelines for admitting statements from learned treatises, periodicals, or pamphlets as evidence in legal proceedings. Specifically, such statements can be admitted into evidence if two conditions are met: first, the statement must be brought to an expert witness's attention during cross-examination or relied upon by the expert during direct examination; and second, the publication must be established as a reliable authority through the expert's own admission or testimony, testimony from another expert, or judicial notice. An important limitation is that while such statements can be read into evidence, they cannot be received as physical exhibits. This change aims to provide additional flexibility in how scholarly or professional publications can be used to support expert testimony, potentially helping to introduce more authoritative and specialized information into legal proceedings.

Committee Categories

Justice

Sponsors (1)

Last Action

Senate Judiciary Committee Hearing (10:30:00 5/7/2025 Room 124 CAP) (on 05/07/2025)

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