When must Commercial Division parties arrange expert disclosure?

Identify the fact-discovery completion date in the actual schedule.

Confer on expert identification, reports and depositions no later than thirty days before that date. Record the agreed schedule or objection.

Responsible actor. The parties intending trial expert testimony and the court resolving objections. Rule 13(c) expert scheduling, consultation and completion. These are separate procedural events.

1. Identify the fact-discovery completion date in the actual schedule.
2. Confer on expert identification, reports and depositions no later than thirty days before that date. Record the agreed schedule or objection.
3. Exclude the established event day and count every intermediate calendar day under GCL 20.
4. Complete expert identification, report exchange and testifying-expert depositions within four months after fact discovery ends. Seek a court conference on objections.

The procedure contains a backward consultation cutoff, a forward four-month completion boundary and individual scheduled report and deposition dates. The one-date preset cannot represent the complete schedule.

Fictitious comparison. Parties sharing one fact-discovery completion date may agree on different report exchanges, while retaining the same consultation cutoff and outside completion boundary.

The procedure contains a backward consultation cutoff, a forward four-month completion boundary and individual scheduled report and deposition dates. The one-date preset cannot represent the complete schedule.

Two sides of the same anchor

Consultation precedes fact-discovery completion. Expert disclosure completion follows it by up to four calendar months.

Reports

Check Rule 13(c)’s required report contents and the actual expert identification and deposition schedule.

Readiness and late disclosure

Expert disclosure must be completed before the note of issue and readiness certificate. Late disclosure without good cause can preclude the expert.

Combined procedure or actual schedule

The procedure contains a backward consultation cutoff, a forward four-month completion boundary and individual scheduled report and deposition dates. The one-date preset cannot represent the complete schedule.

• Rule 13(c) expert scheduling, consultation and completion. These are separate procedural events.
• The procedure contains a backward consultation cutoff, a forward four-month completion boundary and individual scheduled report and deposition dates. The one-date preset cannot represent the complete schedule.

• Identify the fact-discovery completion date in the actual schedule.
• Confer on expert identification, reports and depositions no later than thirty days before that date. Record the agreed schedule or objection.
• Complete expert identification, report exchange and testifying-expert depositions within four months after fact discovery ends. Seek a court conference on objections.
• Consultation precedes fact-discovery completion. Expert disclosure completion follows it by up to four calendar months.
• Check Rule 13(c)’s required report contents and the actual expert identification and deposition schedule.
• Expert disclosure must be completed before the note of issue and readiness certificate. Late disclosure without good cause can preclude the expert.
• In the applicable Supreme Court NYSCEF program, preserve recorded transmission and the required fee event under rule 202.5-b(d). Participating-party service has its own notification event under (f). Initiating filing does not itself serve the respondent. The clerk’s entry notification is not party service of notice of entry under (h)(2). Check actual paper receipt, exemptions, emergency procedure and qualifying technical-failure directions separately.