N.Y. Family Court Act § 331.5: Discovery; protective orders, continuing duty to disclose

§ 331.5. Discovery; protective orders, continuing duty to disclose. 1.

The court may, upon motion of either party, or of any affected person,

or upon determination of a motion of either party for an order of

discovery, or upon its own initiative, issue a protective order denying,

limiting, conditioning, delaying or regulating discovery for good cause,

including constitutional limitations, danger to the integrity of

physical evidence or a substantial risk of physical harm, intimidation,

economic reprisal, bribery or unjustified annoyance or embarrassment to

any person or an adverse effect upon the legitimate needs of law

enforcement, including the protection of the confidentiality of

informants, or any other factor or set of factors which outweighs the

usefulness of the discovery.

2. An order limiting, conditioning, delaying or regulating discovery

may, among other things, require that any material copied or derived

therefrom be maintained in the exclusive possession of the attorney for

the discovering party and be used for the exclusive purpose of preparing

for the defense or presentment of the action.

3. A motion for a protective order shall suspend discovery of the

particular matter in dispute.

4. If, after complying with the provisions of sections 331.2 through

331.7 or an order pursuant thereto, a party finds, either before or

during the fact-finding hearing, additional material subject to

discovery or covered by such order, he shall promptly comply with the

demand or order, refuse to comply with the demand where refusal is

authorized, or apply for a protective order pursuant to this section.