(1) the name of the injured party, the date when the information
constituting the graphic, numerical, symbolic or pictorial
representation was taken, and such additional identifying information as
is customarily inscribed by the medical practitioner or medical facility
is inserted on such graphic, numerical, symbolic or pictorial
representation; and
(2) (a) the representation has been previously received or examined by
the party or parties against whom it is being offered; or
(b)(i) at least ten days before the date of trial of the action, the
party intending to offer such graphic, numerical, symbolic or pictorial
representation as a proposed exhibit serves upon the party or parties
against whom said proposed exhibit is to be offered, a notice of
intention to offer such proposed exhibit in evidence during the trial
and that the same is available for inspection; and
(ii) the notice aforesaid is accompanied by an affidavit or
affirmation of such physician identifying such graphic, numerical,
symbolic or pictorial representation and attesting to the identifying
information inscribed thereon, attesting that the identifying
information inscribed thereon is the same as is customarily inscribed by
the medical practitioner or facility, and further attesting that, if
called as a witness in the action, he or she would so testify.
Nothing contained in this rule, however, shall prohibit the
admissibility of a graphic, numerical, symbolic or pictorial
representation in evidence where otherwise admissible.
Structure New York Laws
CVP - Civil Practice Law and Rules
4504 - Physician, Dentist, Podiatrist, Chiropractor and Nurse.
4505 - Confidential Communication to Clergy Privileged.
4506 - Eavesdropping Evidence; Admissibility; Motion to Suppress in Certain Cases.
4510 - Rape Crisis Counselor or Domestic Violence Advocate.
R4511 - Judicial Notice of Law.
4512 - Competency of Interested Witness or Spouse.
4513 - Competency of Person Convicted of Crime.
R4514 - Impeachment of Witness by Prior Inconsistent Statement.
R4515 - Form of Expert Opinion.
R4516 - Proof of Age of Child.
R4517 - Prior Testimony in a Civil Action.
4519-A - Possession of Opioid Antagonists; Receipt Into Evidence.
R4520 - Certificate or Affidavit of Public Officer.
R4522 - Ancient Filed Maps, Surveys and Records Affecting Real Property.
R4523 - Search by Title Insurance or Abstract Company.
R4524 - Conveyance of Real Property Without the State.
R4525 - Copies of Statements Under Article Nine of the Uniform Commercial Code.
4527 - Death or Other Status of Missing Person.
R4529 - Inspection Certificate Issued by United States Department of Agriculture.
4530 - Certificate of Population.
R4531 - Affidavit of Service or Posting Notice by Person Unavailable at Trial.
R4532 - Self-Authentication of Newspapers and Periodicals of General Circulation.
4532-B - Enacted Without Section Heading
R4533-A - Prima Facie Proof of Damages.
R4533-B - Proof of Payment by Joint Tort-Feasor.
R4534 - Standard of Measurement Used by Surveyor.
R4536 - Proof of Writing by Comparison of Handwriting.
R4537 - Proof of Writing Subscribed by Witness.
R4538 - Acknowledged, Proved or Certified Writing; Conveyance of Real Property Without the State.
R4539 - Reproductions of Original.
R4540 - Authentication of Official Record of Court or Government Office in the United States.
R4541 - Proof of Proceedings Before Justice of the Peace.
R4542 - Proof of Foreign Records and Documents.
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.
4547 - Compromise and Offers to Compromise.
4548 - Privileged Communications; Electronic Communication Thereof.
4549 - Admissibility of an Opposing Party's Statement.
4550 - Admissibility of Evidence Related to Legally Protected Health Activity.