Bill Text: NY S04763 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to broadening expert disclosure in commercial cases.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-06-20 - COMMITTED TO RULES [S04763 Detail]

Download: New_York-2013-S04763-Introduced.html

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                           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:
    1    Section  1.  Subparagraph  (iii)  of paragraph 1 of subdivision (d) of
    2  section 3101 of the civil practice law and rules, as amended by  chapter
    3  184 of the laws of 1988, is amended to read as follows:
    4    (iii)  (A) Further disclosure concerning the expected testimony of any
    5  expert may be obtained only by court order upon  a  showing  of  special
    6  circumstances   and  subject  to  SUCH  restrictions  as  to  scope  and
    7  provisions concerning fees and expenses as the court may deem  appropri-
    8  ate.  However, a party, without court order, may take the testimony of a
    9  person authorized to practice medicine, dentistry or podiatry who is the
   10  party's treating or retained expert, as described in paragraph three  of
   11  subdivision (a) of this section, in which event any other party shall be
   12  entitled  to the full disclosure authorized by this article with respect
   13  to that expert without court order.
   14    (B) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  SECTION,  IN  ANY
   15  COMMERCIAL  ACTION  IN  WHICH  THE  AMOUNT IN CONTROVERSY APPEARS TO THE
   16  COURT TO BE TWO HUNDRED FIFTY THOUSAND DOLLARS OR MORE, THE COURT, WITH-
   17  OUT REQUIRING A SHOWING OF SPECIAL CIRCUMSTANCES BUT UPON A  SHOWING  BY
   18  ANY PARTY THAT THE NEED OUTWEIGHS THE RESULTING EXPENSE AND DELAY TO ANY
   19  PARTY,  MAY  AUTHORIZE SUCH FURTHER DISCLOSURE OF AN EXPERT, INCLUDING A
   20  DEPOSITION, SUBJECT TO SUCH RESTRICTIONS  AS  TO  SCOPE  AND  PROVISIONS
   21  CONCERNING  FEES  AND  EXPENSES  AS  THE COURT MAY DEEM APPROPRIATE. FOR
   22  PURPOSES OF THIS SUBPARAGRAPH, A "COMMERCIAL ACTION" IS AN ACTION ALLEG-
   23  ING BREACH OF CONTRACT, BREACH OF FIDUCIARY DUTY,  OR  MISREPRESENTATION
   24  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
       S. 4763                             2
    1  THE AFFAIRS OF  BUSINESS  ORGANIZATIONS;  OR  INVOLVING  OTHER  BUSINESS
    2  CLAIMS  DETERMINED  BY THE COURT TO BE COMMERCIAL, BUT SHALL NOT INCLUDE
    3  PERSONAL INJURY, WRONGFUL DEATH, MATRIMONIAL, OR FORECLOSURE ACTIONS, OR
    4  LANDLORD-TENANT MATTERS NOT INVOLVING BUSINESS LEASES.
    5    S  2.  This  act shall take effect immediately, and shall apply to all
    6  rules or orders requiring the service of expert responses  issued  prior
    7  to, on or after such effective date.