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