NY S07256

Adds new Rule 4540-a to the Civil Practice Law and Rules establishing a presumption of authenticity for materials produced by a party in response to discovery demands under Article 31.

Materials authored or created by a party that are produced in discovery shall be presumed authentic when offered into evidence by an opposing party.

The presumption of authenticity may be rebutted by a preponderance of evidence proving the material is not authentic.

The presumption does not preclude other objections to the admissibility of the material.

Takes effect on January 1st of the year following enactment into law.