OUT OF STATE HOSPITAL RECORDS

On August 21, Governor Cuomo signed into law S2058, an act to amend Subdivision (c) of Rule 4518 of the Civil Practice Law and Rules to simplify the procedures by which hospital records located outside of New York State may be admitted into evidence in civil actions.

According to the bill's sponsors:

"In many kinds of litigation hospital records provide crucial evidence,
either of the harm suffered by the plaintiff or of the events in
dispute. Under existing law, hospital records are admissible into

evidence if either the custodian of the records testifies in court as
to certain specific foundational facts indicating the records'
authenticity and reliability, or if the custodian provides a written
certification setting forth the same foundational requirements.

For a custodian of hospital records located outside of New York,
providing oral testimony can be difficult or impossible. Parties to
litigation therefore rely on written certification to allow records to
be brought into evidence. However, obtaining a written certification
that meets New York's specific procedural requirements can be
problematic, particularly if a custodian of those records is
unfamiliar with New York rules.

This bill will ease these procedural difficulties for all parties to
litigation by allowing hospital records located outside New York to be
certified in accordance with either the existing New York rules, or
the rules of the jurisdiction where the records are located and that a
custodian of records is likely to understand and comply with
routinely.

Existing New York Statutes, including but not limited to CPLR 4543,
3122 and 3122-a provide an instructive framework for these procedures."