N.Y. Family Court Act § 331.7: Discovery; demand and motion procedure

§ 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.