senate Bill S4763

2013-2014 Legislative Session

Relates to broadening expert disclosure in commercial cases

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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 (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Feb 11, 2014 advanced to third reading
Feb 10, 2014 2nd report cal.
Feb 04, 2014 1st report cal.109
Jan 08, 2014 referred to judiciary
returned to senate
died in assembly
Jun 21, 2013 referred to judiciary
Jun 20, 2013 delivered to assembly
passed senate
Jun 10, 2013 ordered to third reading cal.1203
committee discharged and committed to rules
Apr 23, 2013 referred to judiciary

Votes

view votes

Feb 4, 2014 - Judiciary committee Vote

S4763
22
0
committee
22
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Jun 10, 2013 - Rules committee Vote

S4763
23
0
committee
23
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

S4763 - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3101, CPLR

S4763 - Summary

Relates to broadening expert disclosure in commercial cases.

S4763 - Sponsor Memo

S4763 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4763

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 23, 2013
                               ___________

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 broad-
  ening expert disclosure in commercial cases

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  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)  (A) 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  SUCH  restrictions  as  to  scope  and
provisions concerning fees and expenses as the court may deem  appropri-
ate.  However, a party, without court order, may take the testimony of a
person authorized to practice medicine, dentistry or podiatry who is the
party's treating or retained expert, as described in paragraph three  of
subdivision (a) of this section, in which event any other party shall be
entitled  to the full disclosure authorized by this article with respect
to that expert without court order.
  (B) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  SECTION,  IN  ANY
COMMERCIAL  ACTION  IN  WHICH  THE  AMOUNT IN CONTROVERSY APPEARS TO THE
COURT TO BE TWO HUNDRED FIFTY THOUSAND DOLLARS OR MORE, THE COURT, WITH-
OUT REQUIRING A SHOWING OF SPECIAL CIRCUMSTANCES BUT UPON A  SHOWING  BY
ANY PARTY THAT THE NEED OUTWEIGHS THE RESULTING EXPENSE AND DELAY TO ANY
PARTY,  MAY  AUTHORIZE SUCH FURTHER DISCLOSURE OF AN EXPERT, INCLUDING A
DEPOSITION, SUBJECT TO SUCH RESTRICTIONS  AS  TO  SCOPE  AND  PROVISIONS
CONCERNING  FEES  AND  EXPENSES  AS  THE COURT MAY DEEM APPROPRIATE. FOR
PURPOSES OF THIS SUBPARAGRAPH, A "COMMERCIAL ACTION" IS AN ACTION ALLEG-
ING BREACH OF CONTRACT, BREACH OF FIDUCIARY DUTY,  OR  MISREPRESENTATION
OR  OTHER TORT, ARISING OUT OF, OR RELATING TO, BUSINESS TRANSACTIONS OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10096-01-3

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