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A6048Assembly2017-2018 SessionSame asS4869

Presume Documents Are Authentic

Official title

“Relates to the authenticating effect of a party's production of material authored or otherwise created by the party”

Sponsor Kenneth ZebrowskiAD-96+3 co-sponsorsAffects Legal
Status
Signed by Governor
Impact
4/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill creates a presumption that documents produced by a party and authored or created by them are authentic unless proven otherwise.

Why it matters

  1. Streamlines the litigation process. by reducing the need for parties to formally authenticate their own documents when those documents are produced during discovery, potentially saving time and legal expenses.

  2. Shifts the burden of proof. If a party disputes the authenticity of documents they produced, they must now provide evidence to rebut the presumption, making it harder to deny authorship or creation after production.

  3. Preserves other objections. While authenticity is presumed, parties still retain the right to challenge documents on other admissibility grounds (such as relevance or hearsay), ensuring that other procedural safeguards remain in place.

  4. Could influence settlement and litigation strategy. by making it riskier for parties to produce questionable or altered documents, knowing they will be presumed authentic unless convincingly challenged.

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Who cares

Headline styles

Presume Documents Are Authentic

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kenneth Zebrowski

Assembly Member · Assembly District 96

1 Multi-sponsor

History

  1. Signed chap.219
  2. Delivered to governor
  3. Returned to assembly
  4. Passed senateVote 62–0
  5. 3rd reading cal.321
  6. Substituted for S4869
  7. Referred to judiciary
  8. Delivered to senate
  9. Passed assembly
  10. Ordered to third reading cal.433
  11. Returned to assembly
  12. Died in senate
Show 10 earlier actions
  1. Committed to rules
  2. Substitution reconsidered
  3. 3rd reading cal.631
  4. Substituted for S4869
  5. Referred to judiciary
  6. Delivered to senate
  7. Passed assembly
  8. Advanced to third reading cal.129
  9. Reported
  10. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S4869Senate

Make Party Documents Presumed Authentic

Senate Floor Calendar · Sponsor John J. Bonacic

Impact 3 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6048

2017-2018 Regular Sessions

IN ASSEMBLY

February 22, 2017

Introduced by M. of A. ZEBROWSKI, WEINSTEIN, WEPRIN -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to the authenticating effect of a party's production of material authored or otherwise created by the party

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The civil practice law and rules is amended by adding a new rule 4540-a to read as follows:

Rule 4540-a. Presumption of authenticity based on a party's production of material authored or otherwise created by the party. Material produced by a party in response to a demand pursuant to article thirtyone of this chapter for material authored or otherwise created by such party shall be presumed authentic when offered into evidence by an adverse party. Such presumption may be rebutted by a preponderance of evidence proving such material is not authentic, and shall not preclude any other objection to admissibility.

§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06638-01-7

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.