Bill Text: NY S09061 | 2017-2018 | General Assembly | Introduced
Bill Title: Allows 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-12-28 - APPROVAL MEMO.19 [S09061 Detail]
Download: New_York-2017-S09061-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9061 IN SENATE June 15, 2018 ___________ 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 judi- cial notice of an image, map, location, distance, calculation, or other information taken from a web mapping service The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Rule 4511 of the civil practice law and rules, as renum- 2 bered by chapter 315 of the laws of 1962, is amended to read as follows: 3 Rule 4511. Judicial notice of law. (a) When judicial notice shall be 4 taken without request. Every court shall take judicial notice without 5 request of the common law, constitutions and public statutes of the 6 United States and of every state, territory and jurisdiction of the 7 United States and of the official compilation of codes, rules and regu- 8 lations of the state except those that relate solely to the organization 9 or internal management of an agency of the state and of all local laws 10 and county acts. 11 (b) When judicial notice may be taken without request; when it shall 12 be taken on request. Every court may take judicial notice without 13 request of private acts and resolutions of the congress of the United 14 States and of the legislature of the state; ordinances and regulations 15 of officers, agencies or governmental subdivisions of the state or of 16 the United States; and the laws of foreign countries or their political 17 subdivisions. Judicial notice shall be taken of matters specified in 18 this subdivision if a party requests it, furnishes the court sufficient 19 information to enable it to comply with the request, and has given each 20 adverse party notice of his intention to request it. Notice shall be 21 given in the pleadings or prior to the presentation of any evidence at 22 the trial, but a court may require or permit other notice. 23 (c) When judicial notice shall be taken based on a rebuttable presump- 24 tion. Every court shall take judicial notice of an image, map, location, 25 distance, calculation, or other information taken from a web mapping 26 service, a global satellite imaging site, or an internet mapping tool, 27 when requested by a party to the action, subject to a rebuttable EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16284-02-8S. 9061 2 1 presumption that such image, map, location, distance, calculation, or 2 other information fairly and accurately depicts the evidence presented. 3 The presumption established by this subdivision shall be rebutted by 4 credible and reliable evidence that the image, map, location, distance, 5 calculation, or other information taken from a web mapping service, a 6 global satellite imaging site, or an internet mapping tool does not 7 fairly and accurately portray that which it is being offered to prove. A 8 party intending to offer such image or information at a trial or hearing 9 shall, at least thirty days before the trial or hearing, give notice of 10 such intent, providing a copy or specifying the internet address at 11 which such image or information may be inspected. No later than ten days 12 before the trial or hearing, a party upon whom such notice is served may 13 object to the request for judicial notice of such image or information, 14 stating the grounds for the objection. Unless objection is made pursuant 15 to this subdivision, or is made at trial based upon evidence which could 16 not have been discovered by the exercise of due diligence prior to the 17 time for objection otherwise required by this subdivision, the court 18 shall take judicial notice of such image or information. 19 (d) Determination by court; review as matter of law. Whether a matter 20 is judicially noticed or proof is taken, every matter specified in this 21 section shall be determined by the judge or referee, and included in his 22 or her findings or charged to the jury. Such findings or charge shall be 23 subject to review on appeal as a finding or charge on a matter of law. 24 [(d)] (e) Evidence to be received on matter to be judicially noticed. 25 In considering whether a matter of law should be judicially noticed and 26 in determining the matter of law to be judicially noticed, the court may 27 consider any testimony, document, information or argument on the 28 subject, whether offered by a party or discovered through its own 29 research. Whether or not judicial notice is taken, a printed copy of a 30 statute or other written law or a proclamation, edict, decree or ordi- 31 nance by an executive contained in a book or publication, purporting to 32 have been published by a government or commonly admitted as evidence of 33 the existing law in the judicial tribunals of the jurisdiction where it 34 is in force, is prima facie evidence of such law and the unwritten or 35 common law of a jurisdiction may be proved by witnesses or printed 36 reports of cases of the courts of the jurisdiction. 37 § 2. This act shall take effect immediately.
