Any record of the observations of the weather, taken under the direction of the United States weather bureau, is prima facie evidence of the facts stated.
R 4528.Weather conditions.
Article 45. Evidence · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4528 makes any record of weather observations taken under the direction of the United States weather bureau prima facie evidence of the facts it states.
Full Text of CPLR 4528
Plain-English Summary
Weather conditions come up constantly in litigation, slip-and-fall cases, accident claims, contract disputes turning on a storm or delay, and proving what the weather was on a given day usually means official records rather than memory. CPLR 4528 makes that easy: any record of observations taken under the direction of the United States weather bureau is prima facie evidence of the facts it records.
The rule does not require a meteorologist or weather bureau employee to testify to authenticate the record or explain how the observations were taken. Producing the official record is enough to establish, in the first instance, what conditions were recorded.
Like every other presumption in this article, it is rebuttable. A party can offer other evidence, eyewitness testimony, a different weather source, and let the fact finder weigh it against the official record.
Frequently Asked Questions
What does CPLR 4528 make admissible?
Any record of weather observations taken under the direction of the United States weather bureau, which the statute treats as prima facie evidence of the facts stated.
Do I need a meteorologist to testify to use a weather record under CPLR 4528?
No. The official record itself is prima facie evidence of the conditions it states, without live testimony authenticating it.
What kinds of cases use CPLR 4528 weather records?
Slip-and-fall and premises liability cases, vehicle accident claims, and contract or insurance disputes where the weather on a specific date or at a specific location matters.
Can a party dispute what an official weather record shows?
Yes. The presumption is prima facie, not conclusive, so contrary evidence can be offered and weighed.
Does CPLR 4528 cover privately collected weather data?
The text covers records of observations taken under the direction of the United States weather bureau; it does not by its terms extend the same presumption to private weather-tracking services.
Advisory Committee Notes
This rule is the same as former § 375, except for a number of minor language changes. The reference to certification and admissibility of copies in the former statute is covered by CPLR rule 4539(a).
This rule is the same as former § 375-b, except for a number of minor language changes. The former requirement for certification of a copy and its admissibility is covered by CPLR rule 4539(a).
Amendment History
Formerly § 4528, add, L 1962, ch 308; amd, L 1962, ch 315, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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