Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2014 |
committed to rules |
Feb 11, 2014 |
advanced to third reading |
Feb 10, 2014 |
2nd report cal. |
Feb 04, 2014 |
1st report cal.109 |
Jan 08, 2014 |
referred to judiciary returned to senate died in assembly |
Jun 21, 2013 |
referred to judiciary |
Jun 20, 2013 |
delivered to assembly passed senate |
Jun 10, 2013 |
ordered to third reading cal.1203 committee discharged and committed to rules |
Apr 23, 2013 |
referred to judiciary |
Senate Bill S4763
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Votes
2013-S4763 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §3101, CPLR
2013-S4763 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4763 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to broadening expert disclosure in commercial cases 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. One of the main objectives of the Commercial Division is to provide "a world class forum for the resolution of commercial disputes."{1} Chief Judge Kaye, Commercial Litigation in New York State Courts § 1.7, at p.16 (Haig 4B West's NY Prac Series). To attain that objective, the State must relax certain restrictions on expert disclosure imposed by the CPLR (see id. at pp. 3-4) to address the special needs of substantial commercial cases. Accordingly, we believe that limited amendments to the expert disclosure statute, CPLR 3101, would promote more efficient and thorough preparation by attorneys in commercial actions and speedier resolution of those actions, thereby encouraging commercial litigants to use our court system. Thus, we promote this amendment to CPLR 3101(d)(1)(i) that would allow for greater expert disclosure in commercial actions. CPLR 3101(d)(1)(i) provides for the furnishing, upon request of a party, of a statement regarding an expert whom the adversary intends to call at trial. That provision authorizes further disclosure concerning the expected testimony of an expert only by court order "upon a showing of special circumstances."
2013-S4763 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4763 2013-2014 Regular Sessions I N S E N A T E April 23, 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 broad- ening expert disclosure in commercial cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (iii) 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: (iii) (A) Further disclosure concerning the expected testimony of any expert may be obtained only by court order upon a showing of special circumstances and subject to SUCH restrictions as to scope and provisions concerning fees and expenses as the court may deem appropri- ate. However, a party, without court order, may take the testimony of a person authorized to practice medicine, dentistry or podiatry who is the party's treating or retained expert, as described in paragraph three of subdivision (a) of this section, in which event any other party shall be entitled to the full disclosure authorized by this article with respect to that expert without court order. (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, IN ANY COMMERCIAL ACTION IN WHICH THE AMOUNT IN CONTROVERSY APPEARS TO THE COURT TO BE TWO HUNDRED FIFTY THOUSAND DOLLARS OR MORE, THE COURT, WITH- OUT REQUIRING A SHOWING OF SPECIAL CIRCUMSTANCES BUT UPON A SHOWING BY ANY PARTY THAT THE NEED OUTWEIGHS THE RESULTING EXPENSE AND DELAY TO ANY PARTY, MAY AUTHORIZE SUCH FURTHER DISCLOSURE OF AN EXPERT, INCLUDING A DEPOSITION, SUBJECT TO SUCH RESTRICTIONS AS TO SCOPE AND PROVISIONS CONCERNING FEES AND EXPENSES AS THE COURT MAY DEEM APPROPRIATE. FOR PURPOSES OF THIS SUBPARAGRAPH, A "COMMERCIAL ACTION" IS AN ACTION ALLEG- ING BREACH OF CONTRACT, BREACH OF FIDUCIARY DUTY, OR MISREPRESENTATION OR OTHER TORT, ARISING OUT OF, OR RELATING TO, BUSINESS TRANSACTIONS OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10096-01-3
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