Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 22, 2014 |
print number 9076a |
Apr 22, 2014 |
amend and recommit to judiciary |
Mar 12, 2014 |
referred to judiciary |
Assembly Bill A9076A
2013-2014 Legislative Session
Sponsored By
WEINSTEIN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2013-A9076 - Details
- See Senate Version of this Bill:
- S5079
- Current Committee:
- Assembly Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §3101, CPLR
2013-A9076 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9076 I N A S S E M B L Y March 12, 2014 ___________ Introduced by M. of A. WEINSTEIN -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judici- ary 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
2013-A9076A (ACTIVE) - Details
- See Senate Version of this Bill:
- S5079
- Current Committee:
- Assembly Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §3101, CPLR
2013-A9076A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9076--A I N A S S E M B L Y March 12, 2014 ___________ Introduced by M. of A. WEINSTEIN -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judici- ary -- 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 [ ] is old law to be omitted. LBD09841-04-4
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