You probably have used Google Maps or some other Internet Mapping Program to help you find an address or to give you directions. However, until recently, a New York Court did not have to automatically allow you to introduce into evidence Google Maps or any other Internet Mapping Program.
However, as of December 28, 2018, a New York Court can take judicial notice, subject to a rebuttable presumption, that Google Maps etc. is valid and can be entered into evidence.
Why is this important? and What does it mean?
In a divorce, sometimes the distance between the parties’ residence can be important, especially when it comes to child custody cases. If one parent lives far away from the child, then this can be an issue as it pertains to custody and parenting time. To establish distance or directions, your attorney may have to use Google Maps.
Prior to the new law, if someone wanted to use Google Maps etc., they had to prove to the Court that it was a valid map. This would take time and, in some instances the Court would reject the Google Map.
Now, the Court can take judicial notice, this means that the Judge should allow the Google Maps etc. to be admitted into evidence. There is a safeguard, as the other side can still object to the Google Map, but, that side has the burden of proof to show that the Google Map is invalid or does not fairly and accurately portray what is being offered to prove.
There are always changes in the law, David Badanes, Esq. and the Badanes Law Office, P.C. keeps up with these changes and makes sure that they are used to help their clients. Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.