(b) A certification made in compliance with subdivision (a) is
admissible as to the matters set forth therein and as to such matters
shall be presumed true. When more than one person has knowledge of the
facts, more than one certification may be made.
(c) A party intending to offer at a trial or hearing business records
authenticated by certification subscribed pursuant to this rule shall,
at least thirty days before the trial or hearing, give notice of such
intent and specify the place where such records may be inspected at
reasonable times. No later than ten days before the trial or hearing, a
party upon whom such notice is served may object to the offer of
business records by certification stating the grounds for the objection.
Such objection may be asserted in any instance and shall not be subject
to imposition of any penalty or sanction. Unless objection is made
pursuant to this subdivision, or is made at trial based upon evidence
which could not have been discovered by the exercise of due diligence
prior to the time for objection otherwise required by this subdivision,
business records certified in accordance with this rule shall be deemed
to have satisfied the requirements of subdivision (a) of rule 4518.
Notwithstanding the issuance of such notice or objection to same, a
party may subpoena the custodian to appear and testify and require the
production of original business records at the trial or hearing.
(d) The certification authorized by this rule may be used as to
business records produced by non-parties whether or not pursuant to a
subpoena so long as the custodian or other qualified witness attests to
the facts set forth in paragraphs one, two and four of subdivision (a)
of this rule.
Structure New York Laws
CVP - Civil Practice Law and Rules
3102 - Method of Obtaining Disclosure.
3104 - Supervision of Disclosure.
R3105 - Notice to Party in Default.
R3106 - Priority of Depositions; Witnesses; Prisoners; Designation of Deponent.
R3107 - Notice of Taking Oral Questions.
R3108 - Written Questions; When Permitted.
R3109 - Notice of Taking Deposition on Written Questions.
R3110 - Where the Deposition Is to Be Taken Within the State.
R3111 - Production of Things at the Examination.
R3112 - Errors in Notice for Taking Depositions.
R3113 - Conduct of the Examination.
R3114 - Examination of Witness Who Does Not Understand the English Language.
R3115 - Objections to Qualification of Person Taking Deposition; Competency; Questions and Answers.
R3116 - Signing Deposition; Physical Preparation; Copies.
3119 - Uniform Interstate Depositions and Discovery.
3121 - Physical or Mental Examination.
R3122 - Objection to Disclosure, Inspection or Examination; Compliance.
R3122-A - Certification of Business Records.
3122-B - Certification of Insurance Disclosure.
3123 - Admissions as to Matters of Fact, Papers, Documents and Photographs.
R3124 - Failure to Disclose; Motion to Compel Disclosure.
R3125 - Place Where Motion to Compel Disclosure Made.
3126 - Penalties for Refusal to Comply With Order or to Disclose.
3130 - Use of Interrogatories.
3131 - Scope of Interrogatories.
R3132 - Service of Interrogatories.
R3133 - Service of Answers or Objections to Interrogatories.