N.Y. Fam. Ct. Act § 331.7

Current through 2024 NY Law Chapter 457

Section 331.7 - Discovery; demand and motion procedure

1. If the respondent is in detention:

(a) a demand to produce shall be made within seven days after the conclusion of the initial appearance or prior to the commencement of the fact-finding hearing, whichever occurs sooner, unless the court grants an extension for good cause shown;

(b) a refusal to comply with a demand to produce shall be made within five days of the service of the demand to produce, but for good cause may be made thereafter;

(c) absent a refusal to comply with a demand to produce, compliance with such demand shall be made within seven days of the service of the demand or as soon thereafter as practicable. The court, however, may order compliance within a shorter period of time.

2. If the respondent is not in detention:

(a) a demand to produce shall be made within fifteen days after the conclusion of the initial appearance unless extended for good cause shown, but in no event later than the commencement of the fact-finding hearing;

(b) a refusal to comply with a demand to produce shall be made within fifteen days of the service of the demand to produce, but for good cause may be made thereafter;

(c) absent a refusal to comply with a demand to produce, compliance with such demand shall be made within fifteen days of the service of the demand or as soon thereafter as practicable.

3. If the respondent is not in detention, a motion by the presentment agency for discovery shall be made within thirty days after the conclusion of the initial appearance, but for good cause shown may be made at any time before commencement of the fact-finding hearing. If the respondent is in detention such motion shall be made within fourteen days after the conclusion of the initial appearance or prior to the commencement of the fact-finding hearing, whichever occurs sooner.

4. A motion by a respondent for discovery shall be made as prescribed in section 332.2.

5. Where the interests of justice so require, the court may permit a party to a motion for an order of discovery or a protective order, or other affected person, to submit papers or to testify ex parte or in camera. Any such papers and transcripts of such testimony shall be sealed, but shall constitute a part of the record on appeal. If practical, a judge who receives papers or testimony in camera shall refer the case to a different judge of the same court to preside at the fact-finding hearing.

N.Y. Family Court Law § 331.7