Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 01, 2014 |
print number 5079a |
May 01, 2014 |
amend and recommit to judiciary |
Jan 08, 2014 |
referred to judiciary |
May 08, 2013 |
referred to judiciary |
Senate Bill S5079A
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
Bill Amendments
2013-S5079 - Details
- See Assembly Version of this Bill:
- A9076
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §3101, CPLR
2013-S5079 - Sponsor Memo
BILL NUMBER:S5079 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the time of disclosure of expert witness information This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. The measure would amend CPLR 3101(d)(1) to provide a minimal deadline for expert disclosure, which could be modified by the court to give earlier or later expert disclosure depending on the needs of the case. Current Law Current CPLR § 3101(d)(1) requires that each party must, "upon request, identify each person whom the party expects to call as an expert witness." The disclosing party must also provide certain other information, including "the substance of the facts and opinions on which each expert is expected to testify." (The names of the experts may be withheld in medical, dental and podiatric malpractice actions.) The problem with the current statute is that it does not say (a) when such disclosure must be made, or (b) whether the affidavit of a previously undisclosed expert may be used to support or oppose a motion for summary judgment. As a result, courts have rendered
2013-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
2013-S5079A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9076
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §3101, CPLR
2013-S5079A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5079A TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the time of disclosure of expert witness information This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. The measure would amend CPLR 3101(d)(1) to provide a minimal deadline for expert disclosure, which could be modified by the court to give earlier or later expert disclosure depending on the needs of the case. Current Law: Current CPLR § 3101(d)(1) requires that each party must, "(u)pon request, identify each person whom the party expects to call as an expert witness." The disclosing party must also provide certain other information, including "the substance of the facts and opinions on which each expert is expected to testify." (The names of the experts may be withheld in medical, dental and podiatric malpractice actions.) The problem with the current statute is that it does not say (a) when such disclosure must be made, or (b) whether the affidavit of a previously undisclosed expert may be used to support or oppose a motion for summary judgment. As a result, courts have rendered
2013-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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