Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2014 |
committed to rules |
May 19, 2014 |
advanced to third reading |
May 14, 2014 |
2nd report cal. |
May 13, 2014 |
1st report cal.669 |
May 07, 2014 |
referred to judiciary |
Senate Bill S7245
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S7245 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add §4549, CPLR
2013-S7245 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7245 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the admissibility of certain expert testimony This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. This measure would add a new section 4549 to the CPLR to effect a very narrow but much needed change in the evidentiary law concerning the admission of expert testimony in civil trials. It would, in effect, legislatively overrule the oft-cited decision in Wagman v. Bradshaw, 292 AD2d 84 (2d Dept 2002). Current Law This measure relates to the "professional reliability" exception to the rule against hearsay.{1} One commonly recurring question is whether and when an expert witness can rely, in reaching his or her opinion, on reports or data that is not itself in evidence. The Court of Appeals long ago stated the rule as being that "opinion evidence must be based on facts in the record or personally known to the witness," but that one exception to the rule is that an expert "may rely on out-of-court material if it is of
2013-S7245 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7245 I N S E N A T E May 7, 2014 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to the admissibility of certain expert testimony THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new section 4549 to read as follows: S 4549. ADMISSIBILITY OF CERTAIN EXPERT TESTIMONY. EXPERT OPINION THAT IS OTHERWISE ADMISSIBLE IN EVIDENCE SHALL NOT BE RENDERED INADMISSIBLE BY VIRTUE OF THE EXPERT'S RELIANCE ON A REPORT OR OTHER DATA WHICH IS NOT ITSELF IN EVIDENCE IF THAT REPORT OR DATA IS OF A KIND ROUTINELY ACCEPTED IN THE PROFESSION AS RELIABLE IN FORMING A PROFESSIONAL OPIN- ION. THE RULE SET FORTH IN THIS SECTION SHALL APPLY IRRESPECTIVE OF WHETHER THE AUTHOR OR SOURCE OF THE PREDICATE REPORT OR DATA IS IN COURT OR AVAILABLE FOR CROSS-EXAMINATION. THE RULE SET FORTH IN THIS SECTION SHALL NOT APPLY TO A PREDICATE REPORT OR OPINION PREPARED FOR PURPOSES OF LITIGATION. THIS SECTION DOES NOT RENDER INADMISSIBLE ANY EVIDENCE THAT IS OTHERWISE ADMISSIBLE BY STATUTE OR COMMON LAW. S 2. This act shall take effect immediately and shall apply to all actions pending on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14223-02-4
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