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 Assem-
        bly, do enact as follows:
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  rule 4540-a to read as follows:
     3    Rule 4540-a. Presumption of authenticity based on a party's production
     4  of material authored or  otherwise  created  by  the  party.    Material
     5  produced  by a party in response to a demand pursuant to article thirty-
     6  one of this chapter for material authored or otherwise created  by  such
     7  party  shall  be  presumed  authentic  when  offered into evidence by an
     8  adverse party. Such presumption may be rebutted by  a  preponderance  of
     9  evidence  proving such material is not authentic, and shall not preclude
    10  any other objection to admissibility.
    11    § 2. This act shall take effect on the first of January next  succeed-
    12  ing 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