Thomas A. Moore and Matthew Gaier
In recent years there have been several changes to the CPLR that make it easier for litigants to compel the production of, and admit, evidence at trial. These statutory amendments can be particularly helpful in medical malpractice actions, and are the subject of this month’s column.
The first such statutory change is the addition of CPLR 2303-a, which is perhaps a little less recent, as it became effective in 2008—but it is important nonetheless. It provides:
Where the attendance at trial of a party or person within the party’s control can be compelled by a trial subpoena, that subpoena may be served by delivery in accordance with subdivision (b) of rule 2103 to the party’s attorney of record.
