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The Commercial and Federal Litigation Section (ComFed) of the New York State Bar Association is proud to publish the first in a series of articles in a new column focusing on the rules and procedures of the Commercial Division of the Courts of the State of New York. As thought leaders in commercial litigation, ComFed believes this column is critical to practitioners appearing in the various Commercial Division courts throughout New York.
This article focuses on the importance of the commercial rule governing expert disclosure, Rule 13(c). Because the rules governing expert disclosure in the Commercial Division are different and unique from other courts in the state of New York, ComFed believes it is important for practitioners to understand the nuances of such an important aspect of litigating in the Commercial Division. As discussed below, Rule 13(c) of the Commercial Division is designed to prevent “trial by ambush” and to educate both justices and juries on complex issues in the case that are the proper subject of expert testimony.
