senate Bill S5079A

2013-2014 Legislative Session

Relates to the time of disclosure of expert witness information

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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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 01, 2014 print number 5079a
amend and recommit to judiciary
Jan 08, 2014 referred to judiciary
May 08, 2013 referred to judiciary

S5079 - Details

See Assembly Version of this Bill:
A9076A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3101, CPLR

S5079 - Summary

Relates to the time of disclosure of expert witness information.

S5079 - Sponsor Memo

S5079 - Bill Text download pdf

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

                                  5079

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 8, 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 the
  time of disclosure of expert witness information

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

  Section 1. Paragraph 1 of subdivision (d) of section 3101 of the civil
practice  law  and  rules is amended by adding two new subparagraphs (v)
and (vi) to read as follows:
  (V) UNLESS OTHERWISE PROVIDED BY A RULE OF THE CHIEF ADMINISTRATOR  OF
THE  COURTS  OR  BY ORDER OF THE COURT, DISCLOSURE OF EXPERT INFORMATION
SHALL BE MADE AS FOLLOWS: THE PARTY WHO HAS THE BURDEN  OF  PROOF  ON  A
CLAIM, CAUSE OF ACTION, DAMAGE OR DEFENSE SHALL SERVE ITS RESPONSE TO AN
EXPERT  DEMAND  SERVED  PURSUANT TO THIS SUBDIVISION AT LEAST SIXTY DAYS
BEFORE THE DATE ON WHICH THE TRIAL  IS  SCHEDULED  TO  COMMENCE;  WITHIN
THIRTY  DAYS  AFTER  SERVICE  OF SUCH RESPONSE, ANY OPPOSING PARTY SHALL
SERVE ITS  ANSWERING  RESPONSE  PURSUANT  TO  THIS  SUBDIVISION;  WITHIN
FIFTEEN  DAYS  AFTER  SERVICE  OF  SUCH RESPONSE, ANY PARTY MAY SERVE AN
AMENDED OR SUPPLEMENTAL RESPONSE LIMITED TO ISSUES RAISED IN THE ANSWER-
ING RESPONSE. IF THE TRIAL IS ADJOURNED, THE DEADLINES IN THIS  SUBPARA-
GRAPH  SHALL  SHIFT  ACCORDINGLY.  UNLESS  THE COURT ORDERS OTHERWISE, A
PARTY WHO FAILS TO COMPLY WITH THIS SUBPARAGRAPH SHALL BE PRECLUDED FROM
OFFERING THE TESTIMONY AND OPINIONS OF THE  EXPERT  FOR  WHOM  A  TIMELY
RESPONSE HAS NOT BEEN GIVEN.
  (VI)  SUBPARAGRAPH (V) OF THIS PARAGRAPH SHALL NOT APPLY TO A TREATING
PHYSICIAN OR OTHER TREATING HEALTH CARE PROVIDER  FOR  WHOSE  RECORDS  A
PATIENT AUTHORIZATION IS GIVEN TO THE OPPOSING PARTY.
  S  2.  This  act shall take effect immediately, and shall apply to all
rules or orders requiring the service of expert responses  issued  prior
to, on or after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09841-02-3

S5079A (ACTIVE) - Details

See Assembly Version of this Bill:
A9076A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3101, CPLR

S5079A (ACTIVE) - Summary

Relates to the time of disclosure of expert witness information.

S5079A (ACTIVE) - Sponsor Memo

S5079A (ACTIVE) - Bill Text download pdf

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

                                 5079--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 8, 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 -- recommitted to the Commit-
  tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  time of disclosure of expert witness information

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

  Section 1. Paragraph 1 of subdivision (d) of section 3101 of the civil
practice law and rules is amended by adding two  new  subparagraphs  (v)
and (vi) to read as follows:
  (V)  DISCLOSURE  OF  EXPERT  INFORMATION SHALL BE MADE AS FOLLOWS: THE
PARTY WHO HAS THE BURDEN OF PROOF ON A CLAIM, CAUSE OF ACTION, DAMAGE OR
DEFENSE SHALL SERVE ITS RESPONSE TO AN EXPERT DEMAND SERVED PURSUANT  TO
THIS  SUBDIVISION AT LEAST SIXTY DAYS BEFORE THE DATE ON WHICH THE TRIAL
IS SCHEDULED TO COMMENCE; WITHIN  THIRTY  DAYS  AFTER  SERVICE  OF  SUCH
RESPONSE, ANY OPPOSING PARTY SHALL SERVE ITS ANSWERING RESPONSE PURSUANT
TO THIS SUBDIVISION; WITHIN FIFTEEN DAYS AFTER SERVICE OF SUCH RESPONSE,
ANY  PARTY  MAY  SERVE  AN  AMENDED  OR SUPPLEMENTAL RESPONSE LIMITED TO
ISSUES RAISED IN THE ANSWERING RESPONSE. IF THE TRIAL IS ADJOURNED,  THE
DEADLINES IN THIS SUBPARAGRAPH SHALL SHIFT ACCORDINGLY. UNLESS THE COURT
ORDERS OTHERWISE, FOR GOOD CAUSE SHOWN OR IN THE INTERESTS OF JUSTICE, A
PARTY WHO FAILS TO COMPLY WITH THIS SUBPARAGRAPH SHALL BE PRECLUDED FROM
OFFERING  THE  TESTIMONY  AND  OPINIONS  OF THE EXPERT FOR WHOM A TIMELY
RESPONSE HAS NOT BEEN GIVEN.
  (VI) SUBPARAGRAPH (V) OF THIS PARAGRAPH SHALL NOT APPLY TO A  TREATING
PHYSICIAN  OR  OTHER  TREATING  HEALTH CARE PROVIDER FOR WHOSE RECORDS A
PATIENT AUTHORIZATION IS GIVEN TO THE OPPOSING PARTY.
  S 2. This act shall take effect immediately, and shall  apply  to  all
rules  or  orders requiring the service of expert responses issued prior
to, on or after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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