Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
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
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
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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