STATE OF NEW YORK
________________________________________________________________________
11191
IN ASSEMBLY
June 14, 2018
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) --
read once and referred to the Committee on Judiciary
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.
LBD16284-02-8
A. 11191 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.
