Bill > S07694

This bill amends the civil practice law and rules to provide more detailed requirements for the admissibility of business records as evidence in legal proceedings. Specifically, the bill expands the existing business records hearsay exception by adding four key conditions for admissibility: (1) the record must be made in the regular course of business, (2) making such records must be a regular business practice, (3) the record must be created at the time of the event or within a reasonable time thereafter, and (4) the record must be based on personal knowledge, information from someone with direct knowledge and a business duty to report accurately, or information subject to a hearsay exception. For hospital or medical records, the entry must also be directly related to the patient's treatment or diagnosis. The bill also clarifies the admissibility of electronic records, allowing them to be submitted as exhibits if they are true and accurate representations, with courts able to consider the method of storage, maintenance, and retrieval in assessing their accuracy. While factors like lack of personal knowledge can affect the weight of the evidence, they will not prevent the record from being admitted. The definition of "business" is deliberately broad, encompassing professions, occupations, and callings of every kind.

Justice

https://www.nysenate.gov/legislation/bills/2025/S7694