S.H. v S.H.

Holding The court denied the plaintiff’s motion to call a neutral forensic evaluator as an expert witness because the disclosure was untimely and failed to comply with CPLR 3101(d) requirements. The court found that allowing the witness to pivot from a neutral role to a party witness mid-trial would be highly prejudicial to the defendant’s ability to prepare and retain a counter-expert.

The court’s words

Notice of a potential expert witness exchanged on the first day of trial without a reasonable explanation is untimely.

90 Misc 3d 216, at the official text

This Court finds that allowing one party to transform a neutral forensic evaluator into a retained expert witness will have a chilling effect on the willingness of litigants in matrimonial proceedings speaking to forensic evaluators honestly and with candor.

90 Misc 3d 216, at the official text

The proposed use of Dr. Propper as expert witness for Wife would be overly prejudicial to Husband.

90 Misc 3d 216, at the official text