I am a litigation partner at Whitman Osterman & Hanna LLP, in Albany, New York, with extensive experience in the New York appellate courts. I clerked at the New York Court of Appeals, and now keep up to date with the new and leaveworthy issues in New York law.
Notes of Advisory Committee on Rules—1974 Amendment. Rule 16 is revised to give greater discovery to both the prosecution and the defense. Subdivision (a) deals with disclosure of evidence by the government. Subdivision (b) deals with disclosure of evidence by the defendant.
The New York Legislature passed Lavern’s Law, Senate Bill S6800, in June 2017, which amended the prior bill where the prior bill would have extended the discovery rule to all medical malpractice cases, not only those involving an alleged misdiagnosis of cancer. S 240.10 Discovery; definition of terms. The following definitions are applicable to this article: 1. "Demand to produce" means a written notice served by and on a party to a criminal action, without leave of the court, demanding to inspect property pursuant to this article and giving reasonable notice of the time at which the demanding party wishes to inspect the property designated. (2) With respect to transfers to the New York City Civil Court pursuant to CPLR 325, if, at the pretrial conference, the conditions in paragraph (1) of this subdivision are met except that the case will not be reached for trial more quickly in the lower court, the judge, in his or her discretion, may order the case so transferred if it will be ... In these cases, most states allow extra time for the discovery of medical negligence before the statute of limitation for filing a medical malpractice claim begin. This is called the discovery rule. It is important to note that not all states provide time for the discovery of the negligence.
Mar 04, 2019 · “The existing discovery laws are among the most regressive in the nation,” Grisham said. “As far as New York’s discovery rules go, the state (under Cuomo’s proposed changes) would become ... In these cases, the “discovery rule” may apply to preserve the injured person’s personal injury claim. The discovery rule is a rule of equity that provides, in appropriate cases, that a personal injury claim does not accrue until an injured person discovers, or should discover by exercise of reasonable diligence, that he or she has a claim. The scope of Tier One discovery (including any agreements reached regarding the exchange of ESI) must be discussed prior to the initial conference and the parties should appear at the conference ready to enter into agreement as to the scope of such discovery. At the conclusion of Tier One Discovery, the parties should be in a position to enter into