New York Assembly Bill A08812

New York 2025-2026 Regular Session

• Introduced: 6/9/25
• Refer: 6/9/25

Caption

Provides additional requirements for certain writings and records to be admissible under the business records hearsay exception.

Impact

The proposed changes within A08812 have significant implications for how business records are handled within legal contexts. By outlining explicit standards for admissibility, the bill supports an environment where only substantiated and verifiable records are accepted in court. This could benefit both plaintiffs and defendants by promoting transparency and accountability in the evidentiary process, which is vital for fair legal proceedings. Additionally, the adjustments could also affect legal practitioners, who might need to adapt their methods for preparing and presenting evidence to meet new guidelines.

Summary

Bill A08812 seeks to amend existing civil practice law in New York regarding the business records exception to hearsay. The legislation aims to provide more stringent requirements for certain writings and records to qualify for admissibility in court. Notably, the bill introduces specific criteria that must be met for a record to be considered reliable and accurate, shifting the focus towards the credibility of the information presented in legal settings. These provisions are designed to enhance the reliability of evidence presented during civil litigation, ensuring that records submitted are both pertinent and trustworthy.

Contention

While the bill's intent is to increase the credibility of business records used in court, it may face opposition concerning its effect on the speed and efficiency of legal processes. Critics may argue that higher admission standards for records would slow down civil proceedings, as litigants will need to ensure full compliance with the added requirements. Concerns may also arise about the challenges small businesses and individuals face in meeting these standards compared to larger corporations that might have more resources to keep comprehensive records.