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New York Motion for Discovery of Information Regarding State Experts
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How to fill out Motion For Discovery Of Information Regarding State Experts?
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FAQ
(i) In addition to any other matter which may be subject to disclosure, there shall be full disclosure of any films, photographs, video tapes or audio tapes, including transcripts or memoranda thereof, involving a person referred to in paragraph one of subdivision (a) of this section.
There is no universal ruling regarding whether expert disclosure, governed by CPLR §3101(d), must be made before the Note of Issue and Certificate of Readiness have been filed. There is no rule that requires expert disclosure to be exchanged a certain period of time before trial.
CPLR 3101(h) requires that a party amend or supplement his/her/its previous disclosure promptly upon obtaining information that the response was incorrect or incomplete then or is no longer correct or complete now and that the circumstances are such that a failure to amend or supplement the disclosure would be ...
Draft expert reports are shielded from discovery under Rule 26(b)(4)(B): ?Rules 26(b)(3)(A) and (B) protect drafts of any report or disclosure required under Rule 26(a)(2), regardless of the form in which the draft is recorded.? Rule 26(b)(4)(C) addresses communications between an expert and attorney.
(i) Upon request, each party shall identify each person whom the party expects to call as an expert witness at trial and shall disclose in reasonable detail the subject matter on which each expert is expected to testify, the substance of the facts and opinions on which each expert is expected to testify, the ...
Generally, no information about consulting experts is discoverable while testifying experts are disclosed to the other side and involved in pre-trial discovery. While expert needs can evolve over the life of the case, it generally makes sense to retain an expert as early as possible to help with case strategy.
The expert's testimony must be grounded in an accepted body of learning or experience in the expert's field, and the expert must explain how the conclusion is so grounded.
Lists must be exchanged 50 days before the trial date, or 20 days after service of demand, whichever is closer to the trial date.