Google Maps and Images Makes It Into the Courtroom.

A change in the law (Civil Practice Law and Rules), now allows courts to take judicial notice of maps, images, locations, et al. The law allows parties to submit such evidence without needing further authentication provided it comes from a reliable source of digital information, such as Google Maps, Google Earth or similar web-based mapping services. It is then the burden of the opposing party to rebut the presumption that the evidence is reliable. A mere “naked objection” that the evidence does not fairly or accurately depict the subject location, that is not substantiated by credible evidence, will be insufficient to defeat the presumption.

Technology is indeed changing the way we practice law, and this is a good illustration.

The full text of the law is below.

NY CPLR § 4532-B (2019)

• 4532-b.  An  image,  map, location, distance, calculation, or other

  information taken from a web mapping service, a global satellite imaging

  site, or an internet mapping tool, is admissible in  evidence  if  such

  image,  map, location,  distance,  calculation,  or  other  information

  indicates the date such material was created and subject to a challenge

  that   the   image,  map,  location,  distance,  calculation,  or  other

  information taken from a web mapping service, a global satellite imaging

  site, or an internet mapping tool does not fairly and accurately portray

  that which it is being offered to prove. A party intending to offer such

  image or information in evidence at a trial or hearing shall,  at  least

  thirty days  before  the  trial or hearing, give notice of such intent,

  providing a copy or specifying the internet address at which such image

  or information may be inspected. No later than ten days before the trial

  or hearing, or later for good cause shown, a party upon whom such notice

  is served may object to the request to admit into evidence such image or

  information,  stating the grounds for the objection. Unless objection is

  made pursuant to this subdivision, the court shall take judicial notice

  and admit into evidence such image, map, location, distance, calculation

  or other information.