What's happening
This bill allows statements made by an opposing party's agent or employee to be admitted as evidence, even if hearsay.
Why it matters
Expands the types of evidence courts can consider. By allowing statements made by an opposing party's agent or employee to be admitted even if they are hearsay, the bill broadens the scope of information courts can use to determine the facts of a case. This could make it easier for parties to prove their claims or defenses.
Aligns New York law with federal standards. The proposed change reflects a rule already present in the Federal Rules of Evidence (Rule 801(d)(2)(D)), helping to harmonize state and federal courtroom practices and potentially reducing confusion or procedural hurdles in multi-jurisdictional cases.
Impacts organizational accountability. The amendment means businesses, government entities, and other organizations can be held responsible for statements made by their employees or agents within the scope of their duties, even if those statements were made informally or outside of official testimony.
Applies to ongoing and future lawsuits. The law would take effect immediately and apply to all actions pending or filed after its passage, potentially affecting the outcome of current litigation by allowing new evidence to be considered that previously would have been excluded as hearsay.
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Who cares
Headline styles
Let Opponent Statements In
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Ordered to third reading cal.281
- Ordered to third reading rules cal.509
- Rules report cal.509
- Reported
- Reported referred to rules
- 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.
Allow Opposing Party Statements
In Senate Committee · Judiciary · Sponsor Brad Hoylman-Sigal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7599
2019-2020 Regular Sessions
IN ASSEMBLY
May 13, 2019
Introduced by M. of A. DINOWITZ -- (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 admissibility of an opposing party's statement
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 section 4549 to read as follows:
§ 4549. Admissibility of an opposing party's statement. A statement offered against an opposing party shall not be excluded from evidence as hearsay if made by a person whom the opposing party authorized to make a statement on the subject or by the opposing party's agent or employee on a matter within the scope of that relationship and during the existence of that relationship.
§ 2. This act shall take effect immediately and shall apply to all actions pending on or after its effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11641-01-9
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.