Relates to expenses in matrimonial actions

• Democratic1

◆ The sponsor's argument

Why Jabari Brisport says this is needed

Rule 4533-a of the CPLR governs the admissibility of evidence of expenses in civil actions, including the documentation requirements. The rule specifies that: (1) an itemized bill or invoice for up to $2,000 is prima facie evidence. ofthe reasonable value and necessity of the "services or repairs" that are itemized; (2) there must be a "veri- fied statement" that the amounts itemized are the "usual and customary rates" charged for the service or repair; (3) no more than one bill or invoice from the same person to the same debtor is admissible in evidence in the same action; and (4) a notice of intention to introduce the invoice into evidence must be served on each party at least 10 days before trial. Unfortunately, these restrictions are often unworkable in matrimonial cases, because it is frequently necessary for minor expenses to be incurred for several children and other family matters. Bills for those expenses would be inadmissible under Rule 4533-a due to the requirement that there be only one invoice per provider, the relatively low cap of $2,000, and the fact that these expenses may not qualify as "services or repairs." This bill therefore creates a new Rule 4533-c for matrimonial actions, which would also allow evidence of any "court-ordered obligations, child related expenses, household expenses, goods, services or repairs" to be admitted in this manner. The new rule removes the "services or repairs" limitation, increases the monetary cap from $2,000 to $10,000, and permits more than one invoice per provider. This will make it easier for litigants, especially self-represented litigants, to admit bills or invoices into evidence without having to produce the provider at trial. The proposed rule is also fairer and more understandable for self-repre- sented litigants than Rule 4533-a. It provides the adverse party with 30 days' notice of intent to admit, rather than 10 days' notice as required by Rule 4533-a, thereby allowing more time to prepare objections, subpoena witnesses, and gather proof for trial. It also makes clearer to both parties that it applies to expenses (rather than damages usually sought in personal injury actions), and that the admissibility of the expenses can be rebutted since it is called a "rebuttable presumption of expenses" rather than "prima facie proof of damages" as Rule 4533-a is titled. Unlike Rule 4533-a, the proposed rule also provides a procedure to follow for rebuttal which requires that the adverse party provide the other party a notice and basis for rebuttal at least 15 days before trial. Finally, by reducing the need to call witnesses to admit proof of minor expenses at trial, trial time and legal fees will be reduced, thereby improving court efficiency. 6.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.