(FOR EDUCATIONAL PURPOSE ONLY …NOT TO
SUPREME COURT OF THE STATE OFNEW YORK
COUNTY OF ___________
S I R :
PLEASE TAKE NOTICE, that pursuant to CPLR Section 3101(d), you are hereby required to serve __________________for Defendant, the following discovery as to each person whom you will call as an expert. The information herein must be served, by mail, addressed to the offices of _________________ at _______________________.
PLEASE TAKE FURTHER NOTICE , that pursuant to the CPLR, this is a continuing demand that you are required to serve the demanded information by the earliest of the following:
(a) Within five (5) days of the date of this demand; or
(b) Within five (5) days of having retained any experts which you will call at trial; and, in any event
(c) No later than five (5) days prior to the commencement of trial.
PLEASE TAKE FURTHER NOTICE, that your failure to comply with this demand will result, inter alia, in a motion to preclude the testimony of any such expert(s) upon the trial of this action.
1. With respect to any and all expert witnesses, please provide:
(a) The name(s) of such expert(s);
(b) The current addresses, both home and office, of such experts;
(c) The area of expertise;
(d) Educational background, including the names, addresses and graduation date of each school attended;
(e) The present certification(s) and/or qualification(s) as to each proposed expert witness;
(f) The associations and societies of which the expert is a member
(g) The subject matter in which the expert will testify
(h) The substance of the facts and opinions to which each expert will testify; and
(i) A summary of ground for each expert’s opinion.
2. If you will call an economist or actuary, please state:
(a) The name(s) of such economist or actuary;
(b) The address, both home and office of such economist or actuary;
(c) The qualifications of such expert(s), including educational background, business and/or governmental experience, and associations or societies of which the expert is a member;
(d) The subject matter on which each expert will testify;
(e) The substance of the facts and opinions to which each expert will testify;
(f) A summary of the grounds for each expert’s opinion.
3. State the name of any other expert whom you will call as a witness at the
trial, and for each such expert state:
(a) The address, both home and business, of such expert(s)
(b) The subject matter of which the expert will testify;
(c) The substance of facts and opinions to which the expert will testify;
(d) A summary of the ground for each and such opinion;
(e) A brief chronological resume of the expert’s qualifications, including educational background and professional background, including the associations or societies of which the expert is a member, and as to medical personnel, the names and address of all hospitals on whose staffs such experts are or were.
4. With respect to any expert witness whom you intend to call, provide copies of any reports, evaluations, analyses, memorandum and any other documents upon which the expert will rely when testifying at trial, and any document prepared in connection with this case.
Dated: ___________, New York
By ___________________, Esq.
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ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.
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