S5288

The New York State Senate passed legislation Tuesday that would give courts flexibility in how attorneys and litigants mark exhibits in court filings, addressing a problem where judges' varying local rules have caused cases to be dismissed on technical grounds. Senate Print 5288, sponsored by Sen. Sepúlveda, amends the Civil Practice Law and Rules to allow exhibits to be marked either with tabs or by typing exhibit labels on pages, eliminating inconsistencies that have caused parties to lose their day in court when statutes of limitations expire. "The problem occurs when judges say you have to use a specific tab, and that is highly unfair," Sepúlveda said, noting the issue is particularly acute in Family Court cases. The bill passed 45-15, with 15 Republicans voting against it. Sen. Rhoads, voting no, argued the legislation was too broad and should have been narrowed to target pro se applications rather than applying to all court filings statewide. He also questioned whether the Office of Court Administration and State Bar Association were consulted on the measure. The bill takes effect immediately.