This week, to continue the LRANY video series, we bring to you a video on expert witness disclosure. The current law in New York regarding expert disclosure requires litigants to disclose their respective experts prior to trial, but offers no definitive time frame in which the disclosure must be exchanged. Most courts throughout the state require allow this disclosure take place as late as thirty days prior to trial, making it difficult to assess the merit of a case ahead of time and leading to the widespread practice of “trial by ambush.”
LRANY supports legislation (S.4383 (Golden)/A.5221 (Galef) Disclosure of expert witnesses) which would require the party with the burden of proof to disclose its experts when they file the lawsuit. The opposing party would subsequently be required to disclose its experts within sixty days. The proposed bill would end “trial by ambush”, reduce non-meritorious litigation , and reduce court cost. Implementation of this measure would correct a glaring inequality in the current system, discourage frivolous lawsuits, and promote expeditious settlements.