Buffalo personal injury lawsuits can involve a number of different experts. Generally, when the parties are employing an expert for some specific purpose and the opposing party has requested all information regarding experts, disclosure of that information early enough that the opposing party has time to prepare for that expert’s testimony is encouraged. Failure to do so, however, does not necessary bar that expert from presenting testimony.
New York State law provides that, upon request, each party identify anyone they expect to call as an expert witness at trial and disclose in reasonable detail the subject matter on which each expert is expected to testify, the substance of the facts and opinions on which the expert is expected to testify, the qualifications of the expert witness and a summary of the grounds for his or her opinion. However, where a party for good cause shown retains an expert an insufficient period of time before the commencement of trial to give appropriate notice, the party shall not be precluded from introducing the expert’s testimony solely on the grounds of noncompliance.
As a result, bringing in an expert at the last minute does not necessarily bar the presentation of that expert’s testimony in a personal injury lawsuit, and courts often allow such testimony with the possible imposition of a court-specified penalty or other ruling that attempts to limit the impact of the last minute presentation of the expert.
{ 0 comments… add one now }