STATE OF NEW YORK
       ________________________________________________________________________
 
                                         3336
 
                              2001-2002 Regular Sessions
 
                    IN SENATE
 
                                     March 6, 2001
                                      ___________
 
       Introduced  by  Sen.  VOLKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
 
       AN ACT to amend the civil practice law and rules, in relation to disclo-
         sure of the names of experts in actions for medical, dental or  podia-
         tric malpractice
 
         The  People of the State of New York, represented in Senate and Assem-
       bly, do enact as follows:
 
    1    Section 1. Subparagraph (i) 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    (i) Upon request, each party shall identify each person whom the party
    5  expects to call as an expert witness at  trial  and  shall  disclose  in
    6  reasonable detail the subject matter on which each expert is expected to
    7  testify, the substance of the facts and opinions on which each expert is
    8  expected  to  testify,  the  qualifications of each expert witness and a
    9  summary of the grounds for each expert's opinion. However, where a party
   10  for good cause shown retains an expert an insufficient  period  of  time
   11  before the commencement of trial to give appropriate notice thereof, the
   12  party  shall  not  thereupon  be precluded from introducing the expert's
   13  testimony at the trial solely on  grounds  of  noncompliance  with  this
   14  paragraph. In that instance, upon motion of any party, made before or at
   15  trial,  or  on its own initiative, the court may make whatever order may
   16  be just. [In an action for medical, dental or podiatric  malpractice,  a
   17  party, in responding to a request, may omit the names of medical, dental
   18  or  podiatric experts but shall be required to disclose all other infor-
   19  mation concerning such experts otherwise required by this paragraph.]
   20    § 2. This act shall take effect immediately.
 
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09739-01-1

 
BILL NUMBER: S3336
 
SPONSOR: VOLKER

 
TITLE:  AN ACT to amend the Civil Practice Law and Rules, in relation
to disclosure of the names of experts in actions for medical, dental or
podiatric malpractice.
 
 
PURPOSE:  To require the pre-trial disclosure of an expert witness'
identity in the context of a medical, dental or podiatric malpractice.
 
 
SUMMARY OF PROVISIONS:  Amends CPLR § 3101(d)(l) of the Civil Practice
Law and Rules to eliminate the provision which permits both parties not
to disclose the name of any expert to be called in medical, dental or
podiatric malpractice action.
 
 
JUSTIFICATION:  Unlike in any other civil action both parties may
choose not to disclose the name of any expert to be called in a medical,
dental or podiatric malpractice action. This provision prevents the
normal pre-trial discovery function from working as intended. Both the
defendant and the plaintiff should have access to the identity of any
expert which the other party is expected to call so as to assist that
party's preparation for trial. Currently, New York is one of only two
states that have such a rule. Just as in all other civil actions a party
shall have the ability to ascertain the identity of an expert witness so
as to be fully prepared for trial.
 
 
LEGISLATIVE HISTORY:  New legislation.
 
 
FISCAL IMPLICATIONS:  None.
 
 
EFFECTIVE DATE:  Immediately.