Monday, May 22, 2023

GOOGLE MAPS AS EVIDENCE


NY CPLR § 4532-B (2019):

"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, is admissible in evidence if such
image, map, location, distance, calculation, or other information
indicates the date such material was created and subject to a challenge
that the image, map, location, distance, calculation, or other
information taken from a web mapping service, a global satellite imaging
site, or an internet mapping tool does not fairly and accurately portray
that which it is being offered to prove. A party intending to offer such
image or information in evidence at a trial or hearing shall, at least
thirty days before the trial or hearing, give notice of such intent,
providing a copy or specifying the internet address at which such image
or information may be inspected. No later than ten days before the trial
or hearing, or later for good cause shown, a party upon whom such notice
is served may object to the request to admit into evidence such image or
information, stating the grounds for the objection. Unless objection is
made pursuant to this subdivision, the court shall take judicial notice
and admit into evidence such image, map, location, distance, calculation
or other information."

CPLR 4532-b was enacted initially as subdivision (c) of CPLR 4511(Judicial Notice of Law). (L 2018, ch 516 [eff Dec. 28, 2018]; Guide to NY Evid rule 2.03.) The following year, however, the legislature deleted subdivision (c) and reenacted it with modifications in CPLR 4532-b. (L 2019, ch 223 [signed on Aug.
30, 2019, although effective on the same day (Dec. 28, 2018) as its predecessor].)

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.