22 NYCRR 202.17 Revisited

Just a brief update to begin revisiting my interest in blogging and in particular with regards to sharing experiences in civil litigation.  Recently I was confronted with an adversary who vehemently denied any duty to disclose the treating and/or examining medical providers in a bodily injury suit any more than thirty days before trial pursuant to CPLR 3101(d)(1)(i).  However, in Hamilton v. Miller, et al., (23 NY3d 592 [2014] the the Court of Appeals clarified the interplay between the Civil Practice Law & Rules and the Uniform Rules to the extent that the narrative reports by the treating and/or examining medical providers setting forth the injuries alleged, diagnostic testing that will be introduced at trial, and prognosis must be disclosed no fewer than 20 days before the independence physical examination to be held upon notice by the adverse party pursuant to CPLR 3121.  The judge’s law secretary entered the pertinent operative language from section 202.17 into the order and the dispute was resolved in the client’s favor.  So-Ordered.