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Senate Bill S6802

2017-2018 Legislative Session

Relates to identification of expert witnesses

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2017-S6802 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3101, CPLR

2017-S6802 (ACTIVE) - Summary

Relates to identification of expert witnesses; provides for expert witness depositions in medical malpractice cases.

2017-S6802 (ACTIVE) - Sponsor Memo

2017-S6802 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6802
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 18, 2017
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil practice law and rules, in relation  to  iden-
   tification of expert witnesses
 
   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 is amended by adding a new paragraph 5 to read as follows:
   (5)  NOTWITHSTANDING  ANYTHING  TO THE CONTRARY IN SUBPARAGRAPH (I) OF
 PARAGRAPH ONE OF SUBDIVISION (D) OF  THIS  SECTION,  IN  AN  ACTION  FOR
 MEDICAL,  DENTAL  OR  PODIATRIC  MALPRACTICE, EACH PARTY SHALL SERVE THE
 DISCLOSURE DESCRIBED THEREIN AT LEAST SIXTY DAYS  PRIOR  TO  THE  FILING
 REQUIRED  BY  RULE  THIRTY-FOUR HUNDRED TWO OF THIS CHAPTER.  FURTHER AT
 ANY TIME AFTER JOINDER OF ISSUE, ANY PARTY MAY, BY WRITTEN  NOTICE  MADE
 TO  AND  SERVED UPON ALL OTHER PARTIES AND FILED WITH THE COURT, CONDUCT
 AN EXAMINATION  UPON  ORAL  DEPOSITION,  OF  ANY  PERSON  WHO  HAS  BEEN
 DISCLOSED  AS  AN EXPERT WITNESS BY ANY OTHER PARTY. EACH PARTY SHALL BE
 REQUIRED TO PRODUCE HIS OR HER EXPERT WITNESS FOR EXAMINATION UPON  ORAL
 DEPOSITION  UPON  RECEIPT OF A NOTICE TO TAKE ORAL DEPOSITION IN ACCORD-
 ANCE WITH RULE THIRTY-ONE HUNDRED SEVEN  OF  THIS  CHAPTER,  AND  UNLESS
 OTHERWISE  ORDERED BY THE COURT, ALL EXPERT WITNESS DEPOSITIONS SHALL BE
 TAKEN BEFORE THE FILING REQUIRED BY RULE THIRTY-FOUR HUNDRED TWO OF THIS
 CHAPTER. IF ANY PARTY, HAVING RECEIVED SUCH NOTICE, FAILS TO  MAKE  THAT
 PARTY'S  EXPERT  WITNESS AVAILABLE FOR ORAL DEPOSITION, THAT PARTY SHALL
 BE PRECLUDED FROM OFFERING EXPERT TESTIMONY AT THE TRIAL OF THE  ACTION.
 FOR  PURPOSES OF RULE THIRTY-ONE HUNDRED TEN AND RULE THIRTY-ONE HUNDRED
 SEVENTEEN OF THIS ARTICLE,  AN  EXPERT  WITNESS,  AS  PROVIDED  IN  THIS
 SECTION,  SHALL BE CONSIDERED A PARTY. EACH PARTY SEEKING THE DEPOSITION
 OF AN EXPERT WITNESS SHALL PAY THE EXPERT A REASONABLE FEE FOR THE  TIME
 SPENT AT THE DEPOSITION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13272-01-7
              

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