Recent Change To New York's Hearsay Law Could Have Implications For Workplace Litigation

New York's unique approach to evidentiary procedure – and specifically, its rules governing admissions by a party opponent's agent – have frustrated litigators for years. Recent changes to New York's rules on civil procedure, however, have brought the state's approach to hearsay more in line with the standard set by the Federal Rules of Evidence. These changes could significantly impact future litigation, especially disputes centered on workplace conduct.

Rule 801(d)(2)(D) of the Federal Rules of Evidence exempts statements made by a party opponent's employee or agent from the rule barring hearsay, so long as these statements were made within the scope of that employment or agency. Such statements are also admissible in many states, whose rules largely mirror the standard set by the Federal Rules of Evidence.