N.Y. Civil Practice Law & Rules Section 4517
Prior testimony in a civil action


(a)

Impeachment of witnesses; parties; unavailable witness. In a civil action, at the trial or upon the hearing of a motion or an interlocutory proceeding, all or any part of the testimony of a witness that was taken at a prior trial in the same action or at a prior trial involving the same parties or their representatives and arising from the same subject matter, so far as admissible under the rules of evidence, may be used in accordance with any of the following provisions:

1.

any such testimony may be used by any party for the purpose of contradicting or impeaching the testimony of the same witness;

2.

the prior trial testimony of a party or of any person who was a party when the testimony was given or of any person who at the time the testimony was given was an officer, director, member, employee, or managing or authorized agent of a party, may be used for any purpose by any party who is adversely interested when the prior testimony is offered in evidence;

3.

the prior trial testimony of any person may be used by any party for any purpose against any other party, provided the court finds:

(i)

that the witness is dead; or

(ii)

that the witness is at a greater distance than one hundred miles from the place of trial or is out of the state, unless it appears that the absence of the witness was procured by the party offering the testimony; or

(iii)

that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or

(iv)

that the party offering the testimony has been unable to procure the attendance of the witness by diligent efforts; or

(v)

upon motion on notice, that such exceptional circumstances exist as to make its use desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court;

4.

the prior trial testimony of a person authorized to practice medicine may be used by any party without the necessity of showing unavailability or special circumstances subject to the right of any party to move for preclusion upon the ground that admission of the prior testimony would be prejudicial under the circumstances.

(b)

Use of part of the prior trial testimony of a witness. If only part of the prior trial testimony of a witness is read at the trial by a party, any other party may read any other part of the prior testimony of that witness that ought in fairness to be considered in connection with the part read.

(c)

Substitution of parties; prior actions. Substitution of parties does not affect the right to use testimony previously taken at trial.

Source: Section 4517 — Prior testimony in a civil action, https://www.­nysenate.­gov/legislation/laws/CVP/4517 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

4501
Self-incrimination
4502
Spouse
4503
Attorney
4504
Physician, dentist, podiatrist, chiropractor and nurse
4505
Confidential communication to clergy privileged
4506
Eavesdropping evidence
4507
Psychologist
4508
Social worker
4509
Library records
4510
Rape crisis counselor or domestic violence advocate
4511
Judicial notice of law
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
4518
Business records
4519
Personal transaction or communication between witness and decedent or person with a mental illness
4519‑A
Possession of opioid antagonists
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
4528
Weather conditions
4529
Inspection certificate issued by United States department of agriculture
4530
Certificate of population
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
4532‑B
An image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, o...
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
4539
Reproductions of original
4540
Authentication of official record of court or government office in the United States
4540‑A
Presumption of authenticity based on a party’s production of material authored or otherwise created by the party
4541
Proof of proceedings before justice of the peace
4542
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
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
4549
Admissibility of an opposing party’s statement
4550
Admissibility of evidence related to legally protected health activity

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 4517’s source at nysenate​.gov

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