What's happening
This bill allows web mapping images and data to be admitted as evidence in court if notice is given and accuracy is not successfully challenged.
Why it matters
Streamlines the admission of web-based mapping evidence. The bill establishes a clear process for courts to admit images, maps, and data from web mapping services, global satellite imaging sites, or internet mapping tools, provided notice is given and the material’s accuracy is not effectively challenged. This can speed up litigation and reduce costs related to authenticating such evidence.
Sets standards for challenging mapping evidence. The new rule allows parties to object to the admission of web mapping data within a specified timeframe and requires objections to state specific grounds. This provides a structured way to contest the accuracy or relevance of such evidence, ensuring fairness while reducing frivolous challenges.
Promotes consistency and predictability in court proceedings. By creating uniform procedures and criteria for admitting web-based mapping evidence, the bill reduces uncertainty for litigants and judges. This may help ensure similar outcomes in similar cases and provide clearer expectations for attorneys preparing cases involving location or mapping data.
Reflects technological realities in evidence law. The amendment acknowledges the widespread use and general reliability of online mapping tools in today’s society, updating evidentiary rules to keep pace with modern technology and how people commonly access geographic information.
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Who cares
Headline styles
Allow Online Maps as Evidence
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.223
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.25
- Substituted for A1489
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.18
- Referred to rules
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 Online Maps as Evidence
Assembly Floor Calendar · Sponsor Jeffrey Dinowitz
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1264
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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 Assembly, do enact as follows:
Section 1. Rule 4511 of the civil practice law and rules, as amended by a chapter of the laws of 2018, amending the civil practice law and rules relating to judicial notice of an image, map, location, distance, calculation, or other information taken from a web mapping service, as proposed in legislative bills numbers S. 9061 and A. 11191, is amended to read as follows:
Rule 4511. Judicial notice of law. (a) When judicial notice shall be taken without request. Every court shall take judicial notice without request of the common law, constitutions and public statutes of the United States and of every state, territory and jurisdiction of the United States and of the official compilation of codes, rules and regulations of the state except those that relate solely to the organization or internal management of an agency of the state and of all local laws and county acts.
(b) When judicial notice may be taken without request; when it shall be taken on request. Every court may take judicial notice without request of private acts and resolutions of the congress of the United States and of the legislature of the state; ordinances and regulations of officers, agencies or governmental subdivisions of the state or of the United States; and the laws of foreign countries or their political subdivisions. Judicial notice shall be taken of matters specified in this subdivision if a party requests it, furnishes the court sufficient information to enable it to comply with the request, and has given each 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
S. 1264 2
given in the pleadings or prior to the presentation of any evidence at the trial, but a court may require or permit other notice.
(c) [When judicial notice shall be taken based on a rebuttable presumption. Every court shall take judicial notice of an image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, or an internet mapping tool, when requested by a party to the action, subject to a rebuttable presumption that such image, map, location, distance, calculation, or other information fairly and accurately depicts the evidence presented. The presumption established by this subdivision shall be rebutted by credible and reliable evidence that the image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, or an internet mapping tool does not fairly and accurately portray that which it is being offered to prove. A party intending to offer such image or information at a trial or hearing shall, at least thirty days before the trial or hearing, give notice of such intent, providing a copy or specifying the internet address at which such image or information may be inspected. No later than ten days before the trial or hearing, a party upon whom such notice is served may object to the request for judicial notice of such image or information, stating the grounds for the objection. Unless objection is made pursuant to this subdivision, or is made at trial based upon evidence which could not have been discovered by the exercise of due diligence prior to the time for objection otherwise required by this subdivision, the court shall take judicial notice of such image or information.
(d)] Determination by court; review as matter of law. Whether a matter is judicially noticed or proof is taken, every matter specified in this section shall be determined by the judge or referee, and included in his or her findings or charged to the jury. Such findings or charge shall be subject to review on appeal as a finding or charge on a matter of law.
[(e)] (d) Evidence to be received on matter to be judicially noticed. In considering whether a matter of law should be judicially noticed and in determining the matter of law to be judicially noticed, the court may consider any testimony, document, information or argument on the subject, whether offered by a party or discovered through its own research. Whether or not judicial notice is taken, a printed copy of a statute or other written law or a proclamation, edict, decree or ordinance by an executive contained in a book or publication, purporting to have been published by a government or commonly admitted as evidence of the existing law in the judicial tribunals of the jurisdiction where it is in force, is prima facie evidence of such law and the unwritten or common law of a jurisdiction may be proved by witnesses or printed reports of cases of the courts of the jurisdiction.
§ 2. The civil practice law and rules is amended by adding a new rule 4532-b to read as follows:
§ 4532-b. An image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, or an internet mapping tool, is admissible in evidence if such image, map, location, distance, calculation, or other information indicates the date such material was created and subject to a challenge that the image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, or an internet mapping tool does not fairly and accurately portray that which it is being offered to prove. A party intending to offer such image or information in evidence at a trial or hearing shall, at least thirty days before the trial or hearing, give notice of such intent, providing
S. 1264 3
a copy or specifying the internet address at which such image or information may be inspected. No later than ten days before the trial or hearing, or later for good cause shown, a party upon whom such notice is served may object to the request to admit into evidence such image or information, stating the grounds for the objection. Unless objection is made pursuant to this subdivision, the court shall take judicial notice and admit into evidence such image, map, location, distance, calculation or other information.
§ 3. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2018, amending the civil practice law and rules relating to judicial notice of an image, map, location, distance, calculation, or other information taken from a web mapping service, as proposed in legislative bills numbers S. 9061 and A. 11191, takes effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
This is a chapter amendment that makes changes to provisions of L.2018, c.516, to repeal provisions of such chapter and enact similar provisions relating to the admissibility of information taken from a web mapping service, a global satellite imaging site, or an internet mapping tool
Summary of provisions
Section 1 repeals provisions of Chapter 516 of the Laws of 2018.
Section 2 provides for the admissibility into evidence of information taken from a web mapping service, a global satellite imaging site, or an internet mapping tool if the information indicates the date it was created and subject to a challenge that it does not fairly and accurate- ly portray that which it is being offered to prove. If the information is not challenged, the court shall take judicial notice and admit the information into evidence.
Section 3 provides the effective date.
Existing law
Current evidentiary practice requires a party to first establish a foun- dation for the use of such information, establish the validity of the computer application, and establish a chain of custody for the evidence.
Justification
Concerns were raised that procedures for judicial notice of internet mapping the original bill required technical amendments and its provisions should be in a different section of law.
Legislative history
Chapter amendment to Chapter 516 of the Laws of 2018. S.9061 and A.11191 passed both the Senate and Assembly in June of 2018.
Fiscal implications
Unknown
Effective date
This act shall take effect on the same date and in the same manner as a chapter of the laws of 2018, amending the civil practice law and rules relating to judicial notice of an image, map, location, distance, calcu- lation, or other information taken from a web mapping service, as proposed in legislative bills numbers 5.9061 and A.11191, takes effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.