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S 10035

Modernizes, improves fairness, efficiency, transparency, and reduces costs in civil justice procedures; repealer

2025 Regular Session Introduced by Luis Sepúlveda

Overhauls New York civil litigation to curb abuse, cut costs, boost transparency, and streamline discovery, with stricter malpractice limits and new privacy protections.

REFERRED TO JUDICIARY
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Bill Summary · S 10035

Summary of Bill S. 10035 (2025-2026) – New York

Aims to modernize, improve fairness, efficiency, transparency, and reduce costs in civil justice procedures, while repealing and updating several existing provisions.

Purpose and overall intent

  • The legislature intends to reduce costs, delays, and abusive practices in New York’s civil justice system.
  • Goals include clarifying disclosure and discovery, limiting improper motion practice (notably demands for bills of particulars), protecting litigants’ rights, and streamlining procedures, particularly in personal injury, wrongful death, and malpractice cases.
  • Seeks greater uniformity, fairness, and transparency across civil litigation processes.

Key provisions and changes

Malpractice statute of limitations

  • Replaces current §214-a with a new standard for medical, dental, or podiatric malpractice actions:
    • Commencement window: within 2 years and 6 months from the later of either the plaintiff’s awareness of the negligent act and injury, or the date of the last treatment with continuous care.
    • Absolute cutoff: no action shall be commenced more than 7 years after the act/omission, except in cases of fraudulent concealment.
    • Equitable estoppel remains available if defendant’s misconduct prevented timely filing.

Representation after death

  • Adds a provision (§1015(c)) allowing a deceased defendant’s attorney of record (or court-designated substitute) to serve as a representative for purposes of continuing the action, settlements, and related stipulations when:
    • There is no personal representative appointed and no denial/preservation of insurance coverage, and
    • Plaintiff agrees to cap recovery at available insurance proceeds.

Electronic and streamlined discovery fees

  • Caps electronic record production fees at $6.50 total for certified electronic records, with no extra charges for certification, transmission, or formatting (§2306(c)).
  • Similar caps for producing certified electronic records in various subpoena contexts (Sections 14 and 17 adjustments).

Subpoenas and enforcement

  • Reforms penalties for failing to comply with subpoenas; mandatory civil penalty of $100/day for noncompliance (§2308 amendments), with potential for attorneys’ fees.

Pre-suit and deposition reforms

  • Adds pre-suit electronic discovery and limited fact-finding mechanism (§3102(h)) allowing pre-complaint discovery to identify defendants, preserve evidence, and narrow issues, with court oversight and protective orders.
  • Establishes plaintiff-deferential control in deposition timing (§§3113(e)) to allow plaintiff priority in scheduling.

Medical and other discovery data

  • Expands access to raw data from psychological/neuropsychological evaluations to be discoverable, with safeguards for privilege; imposes deadlines and potential exclusion for failure to disclose (§3122 additions).

Social media and sensitive information

  • Enhances disclosure rules regarding social media and electronic records, including timelines and accessibility, while allowing protective orders (§3101(i)).

Privacy protections and anti-funding disclosures

  • Prohibits disclosure of litigation funding information, including funder identities and terms, with anti-impeachment limits on such information (§§3122, 3122-cc, and 3122-f).

Spoliation and sanctions

  • Creates a new spoliation of evidence statute with defined sanctions and remedies, including adverse inferences and monetary sanctions, and allows nonparty jurisdiction for spoliation remedies (§§4552).

Professional licensing reform

  • Enacts new Article 45-B (Fair Contracting in Licensed Professions) prohibiting mandatory arbitration or mediation clauses in personal injury, wrongful death, and malpractice actions against licensed professionals; permits voluntary post-dispute ADR (Articles 45-B §§1531–1534).

Non-disparagement and confidentiality

  • Amends General Obligations Law §5-338 to render confidentiality and non-disparagement clauses in settlements void and unenforceable, with carve-outs for voluntary confidentiality where desired, and protections against defamatory conduct (GOL §5-338).

Miscellaneous

  • Several technical and housekeeping adjustments across CPLR provisions (e.g., 8001(d) on electronic patient information; amendments to notice of exams; spoliation and enforcement provisions).

Who is affected

  • Plaintiffs and defendants in personal injury, wrongful death, medical/dental/podiatric malpractice actions.
  • Attorneys and courts handling civil discovery, subpoenas, depositions, and pre-suit investigations.
  • Licensed professionals in regulated fields (via the new Article 45-B).
  • Insurance carriers and litigation funders (indirectly, via disclosure limitations).
  • Nonparties whose evidence may be subject to preservation and admissibility rules (spoliation provisions).

Procedural and timeline notes

  • Effective date: 90 days after enactment; immediate applicability for implementing rules and regulations.
  • Many provisions require implementing regulations by the executive or judiciary to operationalize the changes upon passage.
  • Repeals and new sections require contemporaneous alignment within CPLR, GBL, and GOL.

This bill represents a comprehensive overhaul intended to modernize civil litigation, curb abuse, enhance transparency, and protect privacy and fairness in procedural practices.

Compiled from official sources — confirm details with the bill’s official record.

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