Amd R4511, add R4532-b, CPLR (as proposed in S.9061 and A.11191)
Relates to the admissibility of images, maps, locations, distances, calculations or other information taken from a web mapping service; provides such shall be admissible if the date such material was created is included and provides such admissibility shall be subject to challenge.
STATE OF NEW YORK
________________________________________________________________________
1489
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to the
admissibility of images, maps, locations, distances, calculations or
other information for a web mapping service
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Rule 4511 of the civil practice law and rules, as amended
2 by a chapter of the laws of 2018, amending the civil practice law and
3 rules relating to judicial notice of an image, map, location, distance,
4 calculation, or other information taken from a web mapping service, as
5 proposed in legislative bills numbers S. 9061 and A. 11191, is amended
6 to read as follows:
7 Rule 4511. Judicial notice of law. (a) When judicial notice shall be
8 taken without request. Every court shall take judicial notice without
9 request of the common law, constitutions and public statutes of the
10 United States and of every state, territory and jurisdiction of the
11 United States and of the official compilation of codes, rules and regu-
12 lations of the state except those that relate solely to the organization
13 or internal management of an agency of the state and of all local laws
14 and county acts.
15 (b) When judicial notice may be taken without request; when it shall
16 be taken on request. Every court may take judicial notice without
17 request of private acts and resolutions of the congress of the United
18 States and of the legislature of the state; ordinances and regulations
19 of officers, agencies or governmental subdivisions of the state or of
20 the United States; and the laws of foreign countries or their political
21 subdivisions. Judicial notice shall be taken of matters specified in
22 this subdivision if a party requests it, furnishes the court sufficient
23 information to enable it to comply with the request, and has given each
24 adverse party notice of his intention to request it. Notice shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05826-01-9
A. 1489 2
1 given in the pleadings or prior to the presentation of any evidence at
2 the trial, but a court may require or permit other notice.
3 (c) [When judicial notice shall be taken based on a rebuttable
4 presumption. Every court shall take judicial notice of an image, map,
5 location, distance, calculation, or other information taken from a web
6 mapping service, a global satellite imaging site, or an internet mapping
7 tool, when requested by a party to the action, subject to a rebuttable
8 presumption that such image, map, location, distance, calculation, or
9 other information fairly and accurately depicts the evidence presented.
10 The presumption established by this subdivision shall be rebutted by
11 credible and reliable evidence that the image, map, location, distance,
12 calculation, or other information taken from a web mapping service, a
13 global satellite imaging site, or an internet mapping tool does not
14 fairly and accurately portray that which it is being offered to prove. A
15 party intending to offer such image or information at a trial or hearing
16 shall, at least thirty days before the trial or hearing, give notice of
17 such intent, providing a copy or specifying the internet address at
18 which such image or information may be inspected. No later than ten days
19 before the trial or hearing, a party upon whom such notice is served may
20 object to the request for judicial notice of such image or information,
21 stating the grounds for the objection. Unless objection is made pursuant
22 to this subdivision, or is made at trial based upon evidence which could
23 not have been discovered by the exercise of due diligence prior to the
24 time for objection otherwise required by this subdivision, the court
25 shall take judicial notice of such image or information.
26 (d)] Determination by court; review as matter of law. Whether a matter
27 is judicially noticed or proof is taken, every matter specified in this
28 section shall be determined by the judge or referee, and included in his
29 or her findings or charged to the jury. Such findings or charge shall be
30 subject to review on appeal as a finding or charge on a matter of law.
31 [(e)] (d) Evidence to be received on matter to be judicially noticed.
32 In considering whether a matter of law should be judicially noticed and
33 in determining the matter of law to be judicially noticed, the court may
34 consider any testimony, document, information or argument on the
35 subject, whether offered by a party or discovered through its own
36 research. Whether or not judicial notice is taken, a printed copy of a
37 statute or other written law or a proclamation, edict, decree or ordi-
38 nance by an executive contained in a book or publication, purporting to
39 have been published by a government or commonly admitted as evidence of
40 the existing law in the judicial tribunals of the jurisdiction where it
41 is in force, is prima facie evidence of such law and the unwritten or
42 common law of a jurisdiction may be proved by witnesses or printed
43 reports of cases of the courts of the jurisdiction.
44 § 2. The civil practice law and rules is amended by adding a new rule
45 4532-b to read as follows:
46 § 4532-b. An image, map, location, distance, calculation, or other
47 information taken from a web mapping service, a global satellite imaging
48 site, or an internet mapping tool, is admissible in evidence if such
49 image, map, location, distance, calculation, or other information indi-
50 cates the date such material was created and subject to a challenge that
51 the image, map, location, distance, calculation, or other information
52 taken from a web mapping service, a global satellite imaging site, or an
53 internet mapping tool does not fairly and accurately portray that which
54 it is being offered to prove. A party intending to offer such image or
55 information in evidence at a trial or hearing shall, at least thirty
56 days before the trial or hearing, give notice of such intent, providing
A. 1489 3
1 a copy or specifying the internet address at which such image or infor-
2 mation may be inspected. No later than ten days before the trial or
3 hearing, or later for good cause shown, a party upon whom such notice is
4 served may object to the request to admit into evidence such image or
5 information, stating the grounds for the objection. Unless objection is
6 made pursuant to this subdivision, the court shall take judicial notice
7 and admit into evidence such image, map, location, distance, calculation
8 or other information.
9 § 3. This act shall take effect on the same date and in the same
10 manner as a chapter of the laws of 2018, amending the civil practice law
11 and rules relating to judicial notice of an image, map, location,
12 distance, calculation, or other information taken from a web mapping
13 service, as proposed in legislative bills numbers S. 9061 and A. 11191,
14 takes effect.
