THE EXPERT WITNESS: SOME PROPOSALS FOR CHANGEt

The purpose of this article is to propose amendments to the Civil Practice Law and Rules dealing with disclosure and the expert wit-ness and the use at the trial of the opposing party's expert or the opposing party himself as an expert. Since 1967,1 several significant developments have occurred in connection with these problems. First, in November of 1967, the Committee on Rules of Practice and Proce-dure of the Judicial Conference of the United States published the Preliminary Draft of Proposed Amendments to the Federal Rules of Civil Procedure Relating to Deposition and Discovery, which included provisions governing discovery of expert opinion.2 Second, in 1969 the American Bar Association adopted the report of its Special Committee on Automobile Accident Reparations, which included a recommenda-tion on when the deposition of an expert may be taken.3 The proposals that follow are the product of a review of the foregoing in the light of present New York law