Senate Bill S7245

2013-2014 Legislative Session

Provides that 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 not itself in evidence

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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

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2013-S7245 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4549, CPLR

2013-S7245 (ACTIVE) - Summary

Provides that 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 not itself in evidence.

2013-S7245 (ACTIVE) - Sponsor Memo

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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