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
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.
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.
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.
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.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Presume Documents Are Authentic
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
1 Multi-sponsor
History
- Signed chap.219
- Delivered to governor
- Returned to assembly
- Passed senateVote 62–0
- 3rd reading cal.321
- Substituted for S4869
- Referred to judiciary
- Delivered to senate
- Passed assembly
- Ordered to third reading cal.433
- Returned to assembly
- Died in senate
Show 10 earlier actions
- Committed to rules
- Substitution reconsidered
- 3rd reading cal.631
- Substituted for S4869
- Referred to judiciary
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.129
- Reported
- 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.
Make Party Documents Presumed Authentic
Senate Floor Calendar · Sponsor John J. Bonacic
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.