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

BILL NUMBER:S6927

Title of bill

An act to amend the civil practice law and rules, in relation to disclosure of expert witnesses

Purpose

This bill amends the civil practice law and rules to require the party with the burden of proof to disclose their experts prior to the filing of the note of issue. All opposing parties then have 60 days to disclose their expert witnesses.

Summary of provisions

Section one amends CPLR 3101(i) to require the party with the burden of proof to disclose their experts prior to the filing of the note of issue. All opposing parties then have 60 days to disclose their expert witnesses. Unless the court decides otherwise, a party which does not disclose its witnesses by the stated timeframe will be precluded from offering the testimony of those witnesses.

Justification

This legislation is adapted from a judicial rule created in 1999 by Supreme Court Justice Thomas W. Keegan, which is currently in place in the Third Judicial District.

The current law provides no concrete time frame for the disclosure of expert witnesses. In practical effect, this allows both plaintiffs and defendants to disclose their witnesses as late as 30 days prior to trial. This results in the common practice of "trial by ambush" - which unfairly disadvantages defendants because they are not afforded adequate time to prepare a defense. This legislation would prevent trial by ambush and promote meaningful settlement negotiations. Moreover, this legislation would reduce the financial and administrative burdens on the courts, allowing more expedient justice for those with legitimate claims.

Legislative history

New legislation.

Fiscal implications

This legislation will reduce the administrative and budgetary burden on New York's courts by reducing non-meritorious lawsuits.

Effective date

Effective immediately.