|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 21, 2012||committed to rules|
|Mar 22, 2012||advanced to third reading|
|Mar 21, 2012||2nd report cal.|
|Mar 20, 2012||1st report cal.397|
|Mar 08, 2012||referred to judiciary|
senate Bill S6651
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6651 - Details
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §3101, CPLR
S6651 - Summary
Relates to the scope of disclosure by a non-party; requires full disclosure in a civil action of all matter material and necessary by any person and provides that a subpoena on a non-party shall state the nature of the action; allows a party in a civil action, without court order, to take testimony of a person authorized to practice medicine who has provided care to that party or has been retained by that party as an expert witness.
S6651 - Sponsor Memo
BILL NUMBER:S6651 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the scope of disclosure by a non-party This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. The purpose of this measure is to clarify the scope of disclosure available with respect to non-parties to an action, and to resolve a split among the various Departments of the Appellate Division. Prior to 1984, non-party disclosure was only available by court order, upon a motion by the party seeking such disclosure. And the burden on the moving party was to demonstrate "special circumstances" warranting disclosure by a non-party. In 1984, CPLR 3101(a) was amended. First, the amendment permitted the party seeking disclosure to serve a subpoena upon the non-party, without the need to first obtain permission of the court. Second, the amendment rejected the "special circumstances" test. Instead, the current statute simply requires that the subpoena, and the notice served on all other parties, state "the circumstances or reasons such disclosure is sought or required" [CPLR 3101(a)(4)].
S6651 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6651 I N S E N A T E March 8, 2012 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to the scope of disclosure by a non-party THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 3101 of the civil practice law and rules, as amended by chapter 98 of the laws of 1993, is amended to read as follows: (a) Generally. There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof, by[: (1) a party, or the officer, director, member, agent or employee of a party; (2) a person who possessed a cause of action or defense asserted in the action; (3) a person about to depart from the state, or without the state, or residing at a greater distance from the place of trial than one hundred miles, or so sick or infirm as to afford reasonable grounds of belief that he or she will not be able to attend the trial, or a person author- ized to practice medicine, dentistry or podiatry who has provided medical, dental or podiatric care or diagnosis to the party demanding disclosure, or who has been retained by such party as an expert witness; and (4) any other person, upon notice stating the circumstances or reasons such disclosure is sought or required] ANY PERSON. A SUBPOENA SERVED UPON A NON-PARTY SHALL STATE THE NATURE OF THE ACTION. S 2. Subparagraph (iii) of paragraph 1 of subdivision (d) of section 3101 of the civil practice law and rules, as amended by chapter 184 of the laws of 1988, is amended to read as follows: (iii) Further disclosure concerning the expected testimony of any expert may be obtained only by court order upon a showing of special circumstances and subject to restrictions as to scope and provisions EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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