2006 New York Code - Evidence



 
                                 ARTICLE 45
                                  EVIDENCE
 
           4501.    Self-incrimination.
           4502.    Spouse.
                      (a) Incompetency where issue adultery.
                      (b) Confidential communication privileged.
           4503.    Attorney.
                      (a) Enacted without subdivision heading.
                      (b) Wills.
           4504.    Physician,   dentist,   podiatrist,  chiropractor  and
                      nurse.
                      (a) Confidential information privileged.
                      (b) Identification  by  dentist;   crime   committed
                            against patient under sixteen.
                      (c) Mental   or   physical   condition  of  deceased
                            patient.
                      (d) Proof of negligence;  unauthorized  practice  of
                            medicine.
           4505.    Confidential communication to clergy privileged.
           4506.    Eavesdropping   evidence;   admissibility;  motion  to
                      suppress in certain cases.
           4507.    Psychologist.
           4508.    Social worker.
                      (a) Confidential information privileged.
                      (b) Limitations on waiver.
           4509.    Library records.
           4510.    Rape crisis counselor.
                      (a) Definitions.
                      (b) Confidential information privileged.
                      (c) Who may waive the privilege.
                      (d) Limitation on waiver.
           4511.    Judicial notice of law.
                      (a) When judicial  notice  shall  be  taken  without
                            request.
                      (b) When   judicial  notice  may  be  taken  without
                            request; when it shall be taken on request.
                      (c) Determination by court; review as matter of law.
                      (d) Evidence  to  be  received  on  matter   to   be
                            judicially noticed.
           4512.    Competency of interested witness or spouse.
           4513.    Competency of person convicted of crime.
           4514.    Impeachment   of   witness   by   prior   inconsistent
                      statement.
           4515.    Form of expert opinion.
           4516.    Proof of age of child.
           4517.    Prior testimony in a civil action.
                      (a) Impeachment of witnesses;  parties;  unavailable
                            witness.
                      (b) Use  of  part  of the prior trial testimony of a
                            witness.
                      (c) Substitution of parties; prior actions.
           4518.    Business records.
                      (a) Generally.
                      (b) Hospital bills.
                      (c) Other records.
                      (d) Enacted without subdivision heading.
                      (e) Enacted without subdivision heading.
                      (f) Enacted without subdivision heading.
                      (g) Pregnancy and childbirth costs.
           4519.    Personal  transaction or communication between witness
                      and decedent or mentally ill person.
           4520.    Certificate or affidavit of public officer.
           4521.    Lack of record.
           4522.    Ancient filed maps, surveys and records affecting real
                      property.
           4523.    Search by title insurance or abstract company.
           4524.    Conveyance of real property without the state.
           4525.    Copies of statements under article nine of the uniform
                      commercial code.
           4526.    Marriage certificate.
           4527.    Death or other status of missing person.
                      (a) Presumed death.
                      (b) Death, internment, capture and other status.
           4528.    Weather conditions.
           4529.    Inspection  certificate  issued   by   United   States
                      department of agriculture.
           4530.    Certificate of population.
                      (a) Prima facie evidence.
                      (b) Conclusive evidence.
           4531.    Affidavit  of  service  or  posting  notice  by person
                  unavailable at trial.
           4532.    Self-authentication of newspapers and  periodicals  of
                      general circulation.
           4532-a.  Admissibility   of  graphic,  numerical,  symbolic  or
                      pictorial representations of medical  or  diagnostic
                      tests.
           4533.    Market reports.
           4533-a.  Prima facie proof of damages.
           4533-b.  Proof of payment by joint tort-feasor.
           4534.    Standard of measurement used by surveyor.
           4536.    Proof of writing by comparison of handwriting.
           4537.    Proof of writing subscribed by witness.
           4538.    Acknowledged,  proved or certified writing; conveyance
                      of real property without the state.
           4539.    Reproductions of original.
           4540.    Authentication  of  official  record   of   court   or
                      government office in the United States.
                      (a) Copies permitted.
                      (b) Certificate of officer of the state.
                      (c) Certificate of officer of another jurisdiction.
                      (d) Printed  tariff  or  classification  subject  to
                            public  service  commission,  commissioner  of
                            transportation    or    interstate    commerce
                            commission.
           4541.    Proof of proceedings before justice of the peace.
                      (a) Of the state.
                      (b) Of another state.
           4542.    Proof of foreign records and documents.
                      (a) Foreign record.
                      (b) Final certification.
                      (c) Lack of record.
           4543.    Proof of facts or writing by methods other than  those
                      authorized in this article.
           4544.    Contracts in small print.
           4545.    Admissibility of collateral source of payment.
                      (a) Action   for   medical,   dental   or  podiatric
                            malpractice.
                      (b) Certain  actions  against  a public employer for
                            personal injury and wrongful death.
                      (c) Actions for personal injury, injury to  property
                            or wrongful death.
                      (d) Voluntary charitable contributions excluded as a
                            collateral source of payment.
           4546.    Loss  of earnings and impairment of earning ability in
                      actions   for   medical,   dental    or    podiatric
                      malpractice.
           4547.    Compromise and offers to compromise.
           4548.    Privileged  communications;  electronic  communication
                      thereof.

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