New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.70 - Rules of the Commercial Division of the Supreme Court › Rule 202.70.13 - Adherence to Discovery Schedule, Expert Disclosure

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) Parties shall strictly
					 comply with discovery obligations by the dates set forth in all case scheduling
					 orders. Such deadlines, however, may be modified upon the consent of all
					 parties, provided that all discovery shall be completed by the discovery cutoff
					 date set forth in the preliminary conference order. Applications for extension
					 of a discovery deadline shall be made as soon as practicable and prior to the
					 expiration of such deadline. Non-compliance with such an order may result in
					 the imposition of an appropriate sanction against that party pursuant to CPLR
					 3126.
(b) If a party
					 seeks documents as a condition precedent to a deposition and the documents are
					 not produced by the date fixed, the party seeking disclosure may ask the court
					 to preclude the non-producing party from introducing such demanded documents at
					 trial.
(c) If any
					 party intends to introduce expert testimony at trial, no later than thirty days
					 prior to the completion of fact discovery, the parties shall confer on a
					 schedule for expert disclosure--including the identification of experts,
					 exchange of reports, and depositions of testifying experts--all of which shall
					 be completed no later than four months after the completion of fact discovery.
					 In the event that a party objects to this procedure or timetable, the parties
					 shall request a conference to discuss the objection with the court.
Unless otherwise stipulated or ordered by
						the court, expert disclosure must be accompanied by a written report, prepared
						and signed by the witness, if either
(1) the witness is retained or specially
					 employed to provide expert testimony in the case, or
(2) the witness is a party's
					 employee whose duties regularly involve giving expert testimony. The report
					 must contain:
(A) a complete
					 statement of all opinions the witness will express and the basis and the
					 reasons for them;
(B)
					 the data or other information considered by the witness in forming the
					 opinion(s);
(C) any
					 exhibits that will be used to summarize or support the opinion(s);
(D) the witness's
					 qualifications, including a list of all publications authored in the previous
					 10 years;
(E) a list
					 of all other cases at which the witness testified as an expert at trial or by
					 deposition during the previous four years; and
(F) a statement of the compensation to
					 be paid to the witness for the study and testimony in the case.
The note of issue and certificate of
						readiness may not be filed until the completion of expert disclosure. Expert
						disclosure provided after these dates without good cause will be precluded from
						use at trial.