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A06983 Summary:

BILL NOA06983
 
SAME ASSAME AS S06229
 
SPONSORBores
 
COSPNSR
 
MLTSPNSR
 
Add §4552, CPLR
 
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.
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A06983 Text:



 
                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
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