What's happening
This bill increases the prima facie proof of damages limit for admissible itemized bills in civil cases from $2,000 to $40,000.
Why it matters
Significantly raises the threshold for automatic admissibility of itemized bills or invoices in court from $2,000 to $40,000. , making it much easier for parties to prove damages for a wider range of civil cases without needing live testimony or additional evidence.
Could streamline and expedite civil litigation, especially in cases involving property damage or repair costs. , by reducing the need for expert witnesses or in-depth evidentiary hearings on the reasonableness of charges up to $40,000.
May shift the balance of power in civil disputes. by making it more difficult for the opposing party to challenge the validity or necessity of certain expenses unless they take additional legal steps, potentially increasing leverage for plaintiffs seeking compensation.
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Who cares
Headline styles
Raise Damage Proof Limit
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2564
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. STECK -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to increasing the amount of prima facie proof of damages from two thousand dollars to forty thousand dollars
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Rule 4533-a of the civil practice law and rules, as amended by chapter 249 of the laws of 1988, is amended to read as follows:
Rule 4533-a. Prima facie proof of damages. An itemized bill or invoice, receipted or marked paid, for services or repairs of an amount not in excess of [two] forty thousand dollars is admissible in evidence and is prima facie evidence of the reasonable value and necessity of such services or repairs itemized therein in any civil action provided it bears a certification by the person, firm or corporation, or an authorized agent or employee thereof, rendering such services or making such repairs and charging for the same, and contains a verified statement that no part of the payment received therefor will be refunded to the debtor, and that the amounts itemized therein are the usual and customary rates charged for such services or repairs by the affiant or his employer; and provided further that a true copy of such itemized bill or invoice together with a notice of intention to introduce such bill or invoice into evidence pursuant to this rule is served upon each party at least ten days before the trial. No more than one bill or invoice from the same person, firm or corporation to the same debtor shall be admissible in evidence under this rule in the same action.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07656-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.