Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to judiciary |
Mar 26, 2013 |
referred to judiciary |
Senate Bill S4383
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
2013-S4383 (ACTIVE) - Details
2013-S4383 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4383 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to disclosure of expert witnesses PURPOSE: This legislation relates to the timeliness of responses to be served in connection with expert witnesses. SUMMARY OF PROVISIONS: Section one of the bill amends subparagraph (i) of paragraph 1 of subdivision (d) of section 3101 of the Civil Practice Law and Rules is amended by adding the following language: 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 opinions of the expert for whom a timely response has not been given. The statutory stay for disclosure pursuant to subdivision (b) of rule thirty-two hundred four-teen of this chapter upon the service of a dispositive motion under rule thirty-two hundred eleven of this
2013-S4383 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4383 2013-2014 Regular Sessions I N S E N A T E March 26, 2013 ___________ 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04859-01-3
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.