§ 3101. Scope of disclosure. (a) Generally. There shall be full\ndisclosure of all matter material and necessary in the prosecution or\ndefense of an action, regardless of the burden of proof, by:\n (1) a party, or the officer, director, member, agent or employee of a\nparty;\n (2) a person who possessed a cause of action or defense asserted in\nthe action;\n (3) a person about to depart from the state, or without the state, or\nresiding at a greater distance from the place of trial than one hundred\nmiles, or so sick or infirm as to afford reasonable grounds of belief\nthat he or she will not be able to attend the trial, or a person\nauthorized to practice medicine, dentistry or podiatry who has provided\nmedical, dental or podiatric care or diagnosis to the party demanding\ndisclosure, or who has been retained by such party as an expert witness;\nand\n (4) any other person, upon notice stating the circumstances or reasons\nsuch disclosure is sought or required.\n (b) Privileged matter. Upon objection by a person entitled to assert\nthe privilege, privileged matter shall not be obtainable.\n (c) Attorney's work product. The work product of an attorney shall not\nbe obtainable.\n (d) Trial preparation.\n 1. Experts. (i) Upon request, each party shall identify each person\nwhom the party expects to call as an expert witness at trial and shall\ndisclose in reasonable detail the subject matter on which each expert is\nexpected to testify, the substance of the facts and opinions on which\neach expert is expected to testify, the qualifications of each expert\nwitness and a summary of the grounds for each expert's opinion. However,\nwhere a party for good cause shown retains an expert an insufficient\nperiod of time before the commencement of trial to give appropriate\nnotice thereof, the party shall not thereupon be precluded from\nintroducing the expert's testimony at the trial solely on grounds of\nnoncompliance with this paragraph. In that instance, upon motion of any\nparty, made before or at trial, or on its own initiative, the court may\nmake whatever order may be just. In an action for medical, dental or\npodiatric malpractice, a party, in responding to a request, may omit the\nnames of medical, dental or podiatric experts but shall be required to\ndisclose all other information concerning such experts otherwise\nrequired by this paragraph.\n (ii) In an action for medical, dental or podiatric malpractice, any\nparty may, by written offer made to and served upon all other parties\nand filed with the court, offer to disclose the name of, and to make\navailable for examination upon oral deposition, any person the party\nmaking the offer expects to call as an expert witness at trial. Within\ntwenty days of service of the offer, a party shall accept or reject the\noffer by serving a written reply upon all parties and filing a copy\nthereof with the court. Failure to serve a reply within twenty days of\nservice of the offer shall be deemed a rejection of the offer. If all\nparties accept the offer, each party shall be required to produce his or\nher expert witness for examination upon oral deposition upon receipt of\na notice to take oral deposition in accordance with rule thirty-one\nhundred seven of this chapter. If any party, having made or accepted the\noffer, fails to make that party's expert available for oral deposition,\nthat party shall be precluded from offering expert testimony at the\ntrial of the action.\n (iii) Further disclosure concerning the expected testimony of any\nexpert may be obtained only by court order upon a showing of special\ncircumstances and subject to restrictions as to scope and provisions\nconcerning fees and expenses as the court may deem appropriate. However,\na party, without court order, may take the testimony of a person\nauthorized to practice medicine, dentistry or podiatry who is the\nparty's treating or retained expert, as described in paragraph three of\nsubdivision (a) of this
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.