N.Y. Family Court Act § 331.4: Discovery; of prior statements and history of witnesses

§ 331.4. Discovery; of prior statements and history of witnesses. 1.

At the commencement of the fact-finding hearing, the presentment agency

shall, subject to a protective order, make available to the respondent:

(a) any written or recorded statement, including any testimony before

a grand jury and any examination videotaped pursuant to section 190.32

of the criminal procedure law, made by a person whom the presentment

agency intends to call as a witness at the fact-finding hearing, and

which relates to the subject matter of the witness's testimony. When

such a statement includes grand jury testimony, the presentment agency

shall request that the district attorney provide a transcript of

testimony prior to the commencement of the fact-finding hearing; upon

receiving such a request, the district attorney shall promptly apply to

the appropriate criminal court, with written notice to the presentment

agency and the respondent, for a written order pursuant to section three

hundred twenty-five of the judiciary law releasing a transcript of

testimony to the presentment agency;

(b) a record of judgment of conviction of a witness the presentment

agency intends to call at the fact-finding hearing if such record is

known by the presentment agency to exist;

(c) the existence of any pending criminal action against a witness the

presentment agency intends to call at the fact-finding hearing, if the

pending criminal action is known by the presentment agency to exist.

The provisions of paragraphs (b) and (c) shall not be construed to

require the presentment agency to fingerprint a witness or otherwise

cause the division of criminal justice services or other law enforcement

agency or court to issue a report concerning a witness.

2. At the conclusion of the presentment agency's direct case and

before the commencement of the respondent's direct case, the respondent

shall, subject to a protective order, make available to the presentment

agency (a) any written or recorded statement made by a person other than

the respondent whom the respondent intends to call as a witness at the

fact-finding hearing and which relates to the subject matter of the

witness's testimony; (b) a record of judgment of conviction of a

witness, other than the respondent, the respondent intends to call at a

hearing if the record of conviction is known by the respondent to exist;

and (c) the existence of any pending criminal action against a witness,

other than the respondent, the respondent intends to call at a hearing,

if the pending criminal action is known by the respondent to exist.

3. Subject to a protective order, at a pre-fact-finding hearing held

upon a motion pursuant to section 330.2, at which a witness is called to

testify, each party at the conclusion of the direct examination of each

of its witnesses, shall, upon request of the other party, make available

to that party to the extent not previously disclosed:

(a) any written or recorded statement, including any testimony before

a grand jury, made by such witness other than the respondent, which

relates to the subject matter of the witness's testimony. When such a

statement includes grand jury testimony, the presentment agency shall

request that the district attorney provide a transcript of testimony

prior to the commencement of the pre-fact-finding hearing; upon

receiving such a request, the district attorney shall promptly apply to

the appropriate criminal court, with written notice to the presentment

agency and the respondent, for a written order pursuant to section three

hundred twenty-five of the judiciary law releasing a transcript of

testimony to the presentment agency;

(b) a record of a judgment of conviction of such witness other than

the respondent if the record of conviction is known by the presentment

agency or respondent, as the case may be, to exist; and

(c) the existence of any pending criminal action against such witness

other than the respondent, if the pending criminal action is known by

the presentment agency or respondent, as the case may be, to exist.