N.Y. Civil Practice Law & Rules § 4532-a: Admissibility of graphic, numerical, symbolic or pictorial representations of medical or diagnostic tests

Rule 4532-a. Admissibility of graphic, numerical, symbolic or

pictorial representations of medical or diagnostic tests. A graphic,

numerical, symbolic or pictorial representation of the results of a

medical or diagnostic procedure or test is admissible in evidence

provided:

(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.