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.
STATE OF NEW YORK
________________________________________________________________________
6983
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. BORES -- read once and referred 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 4552 to read as follows:
3 § 4552. 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.
LBD10800-01-5