senate Bill S6651

2011-2012 Legislative Session

Relates to the scope of disclosure by a non-party

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Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
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

Votes

view votes

Mar 20, 2012 - Judiciary committee Vote

S6651
19
1
committee
19
Aye
1
Nay
2
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

S6651 - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง3101, 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

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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