Assembly Bill A10007

2011-2012 Legislative Session

Relates to the timeliness of responses to be served in connection with expert witnesses

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2011-A10007 (ACTIVE) - Details

See Senate Version of this Bill:
S6927
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3101, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: A5221, S4383
2015-2016: A7888, S6212

2011-A10007 (ACTIVE) - Summary

Relates to the timeliness of responses to be served in connection with expert witnesses.

2011-A10007 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10007

                          I N  A S S E M B L Y

                               May 1, 2012
                               ___________

Introduced  by M. of A. GALEF -- read once and referred 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.
              

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.