SB105 (2013) Detail

(New Title) relative to disclosure of expert testimony in civil cases and relative to the recording of depositions.


CHAPTER 65

SB 105 – FINAL VERSION

03/14/13 0744s

05/02/13 1410EBA

2013 SESSION

13-0944

04/01

SENATE BILL 105

AN ACT relative to disclosure of expert testimony in civil cases and relative to the recording of depositions.

SPONSORS: Sen. Soucy, Dist 18; Sen. Carson, Dist 14; Sen. Lasky, Dist 13; Sen. Boutin, Dist 16; Rep. Wall, Straf 6

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill amends the requirements for disclosure for expert testimony in civil cases. This bill also allows a party to record a video deposition, provided the party indicates the intent to record the video deposition in the notice provided to the adverse party.

This bill is a request of the New Hampshire supreme court.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/14/13 0744s

05/02/13 1410EBA

13-0944

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to disclosure of expert testimony in civil cases and relative to the recording of depositions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

65:1 Disclosure of Expert Testimony in Civil Cases. Amend RSA 516:29-b, II(b) to read as follows:

(b) The facts or data [or other information] considered by the witness in forming the opinions;

65:2 Depositions in Civil Cases; Notice. Amend RSA 517:4 to read as follows:

517:4 Notice. The party proposing to take a deposition shall cause a notice in writing, signed by a justice or notary, stating the day, hour, and place of taking the same, to be delivered to the adverse party, or one of them, or to be left at his or her abode, if either of such parties resides in this state, and within [twenty] 20 miles of the place of taking, or of the party taking the same, a reasonable time before the taking thereof. A party may, at such party's expense, record a video deposition taken under this chapter, provided the party indicates the intent to record the video deposition in the notice.

65:3 Effective Date. This act shall take effect January 1, 2014.

Approved; June 6, 2013

Effective Date: January 1, 2014