| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Apr 13, 2012 |
referred to judiciary |
Senate Bill S6927
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
Actions
2011-S6927 (ACTIVE) - Details
2011-S6927 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6927
TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to disclosure of
expert witnesses
PURPOSE:
This bill amends the civil practice law and rules to require the party
with the burden of proof to disclose their experts prior to the
filing of the note of issue. All opposing parties then have 60 days
to disclose their expert witnesses.
SUMMARY OF PROVISIONS:
Section one amends CPLR 3101(i) to require the party with the burden
of proof to disclose their experts prior to the filing of the note of
issue. All opposing parties then have 60 days to disclose their
expert witnesses. Unless the court decides otherwise, a party which
does not disclose its witnesses by the stated timeframe will be
precluded from offering the testimony of those witnesses.
JUSTIFICATION:
This legislation is adapted from a judicial rule created in 1999 by
Supreme Court Justice Thomas W. Keegan, which is currently in place
in the Third Judicial District.
2011-S6927 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6927
I N S E N A T E
April 13, 2012
___________
Introduced by Sen. GOLDEN -- 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 disclo-
sure of expert witnesses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (i) 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:
(i) Upon request, each party shall identify each person whom the party
expects to call as an expert witness at trial and shall disclose in
reasonable detail the subject matter on which each expert is expected to
testify, the substance of the facts and opinions on which each expert is
expected to testify, the qualifications of each expert witness and a
summary of the grounds for each expert's opinion. A PARTY WHO HAS THE
BURDEN OF PROOF ON A CLAIM, CAUSE OF ACTION, DAMAGE OR DEFENSE SHALL
SERVE ITS RESPONSE TO AN EXPERT DEMAND PURSUANT TO THIS SECTION ON OR
BEFORE THE FILING OF THE NOTE OF ISSUE. SUCH PARTY HAS UNTIL THE FILING
OF THE NOTE OF ISSUE TO SERVE SUCH RESPONSE REGARDLESS OF HOW EARLY THE
DEMAND IS MADE. ANY OPPOSING PARTY SHALL SERVE ITS ANSWERING RESPONSE
PURSUANT TO THIS SECTION NO LATER THAN SIXTY DAYS AFTER THE FILING OF
THE NOTE OF ISSUE. ANY AMENDED OR SUPPLEMENTAL EXPERT DISCLOSURE SHALL
BE ALLOWED ONLY WITH THE PERMISSION OF THE COURT. A PARTY WHO FAILS TO
COMPLY WITH THIS RULE IS PRECLUDED FROM OFFERING THE TESTIMONY AND OPIN-
IONS OF THE EXPERT FOR WHOM A TIMELY RESPONSE HAS NOT BEEN GIVEN. THE
STATUTORY STAY FOR DISCLOSURE PURSUANT TO SUBDIVISION (B) OF RULE THIR-
TY-TWO HUNDRED FOURTEEN OF THIS CHAPTER UPON THE SERVICE OF A DISPOSI-
TIVE MOTION UNDER RULE THIRTY-TWO HUNDRED ELEVEN OF THIS CHAPTER SHALL
NOT APPLY TO THE SERVICE OF THESE EXPERT RESPONSES. ANY MOTION BY A
PARTY TO PRECLUDE, OR LIMIT EXPERT TESTIMONY PURSUANT TO THIS SECTION,
MUST BE MADE AS SOON AS PRACTICABLE BUT NO LATER THAN FORTY-FIVE DAYS
AFTER THE PARTY'S RECEIPT OF THE EXPERT DISCLOSURE OR THE MOTION WILL BE
WAIVED. However, where a party for good cause shown retains an expert an
insufficient period of time before the commencement of trial to give
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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