Buffalo personal injury attorneys and their defense counterparts employ expert witnesses for a variety of purposes. Such experts include medical specialists, individuals trained in reconstructing accidents, and financial experts who can assist in determining future costs to the injured party. When a party intends to call an expert, the Civil Practice Law and Rules of New York State provide specific rules regarding sharing the expert’s information with the other party.
New York State Law requires the party employing an expert to identify, upon request of the other party, each person whom the party expects to call as an expert witness at trial. They must also disclose the subject matter on which the expert is expected to testify, the substance of the facts and opinions about which the expert will testify, the expert’s qualifications, and a summary of the grounds for the expert’s opinion.
While there is no specific time frame in which disclosure must be made, the courts will usually require disclosure of requested information well before trial so that the other party will have time to prepare for the expert’s testimony. Where a party, however, retains an expert without sufficient time before the commencement of the personal injury trial to give appropriate notice thereof and is able to demonstrate a good reason for doing so, that party is not precluded from using the expert’s testimony solely because of noncompliance with the disclosure requirement. Instead the court is directed to make whatever order may be just to ensure fairness to both parties.
{ 0 comments… add one now }