Assembly Bill A3133

2009-2010 Legislative Session

Requires an expert witness file with the court a written report of his or her findings in certain family court proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A3133 (ACTIVE) - Details

See Assembly Version of this Bill:
A9371
Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Add ยง624-a, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2011-2012: A3547
2013-2014: A6274

2009-A3133 (ACTIVE) - Summary

Requires an expert witness file with the court a written report of his or her findings in certain family court proceedings; requires that the report must be filed at least 30 days prior to the expert's expected testimony and must contain a copy of the raw data used by the expert in reaching his or her conclusions.

2009-A3133 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3133

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by  M. of A. BRADLEY, GALEF, PAULIN -- Multi-Sponsored by --
  M. of A. BING, HIKIND,  ROBINSON,  TOWNS,  WRIGHT  --  read  once  and
  referred to the Committee on Judiciary

AN  ACT  to amend the family court act, in relation to the use of expert
  witness testimony in child custody and visitation hearings

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  family  court act is amended by adding a new section
624-a to read as follows:
  S 624-A. USE OF EXPERT WITNESS TESTIMONY.  1.  FOR  PURPOSES  OF  THIS
ARTICLE, WHENEVER AN EXPERT WITNESS WILL BE CALLED UPON TO TESTIFY ABOUT
HIS  OR  HER  FINDINGS  REGARDING AN ISSUE BEFORE THE COURT, SUCH EXPERT
WITNESS OR THE PARTY FOR WHOM THE EXPERT  WITNESS  IS  TESTIFYING  SHALL
FILE  A  WRITTEN  REPORT  WITH  THE COURT CONTAINING THE FINDINGS OF THE
EXPERT. THE REPORT MUST INCLUDE ALL RAW DATA COLLECTED  AND/OR  USED  BY
THE EXPERT IN REACHING HIS OR HER CONCLUSIONS.
  2.  COPIES  OF  THE  REPORT  AND  RAW DATA SHALL, PRIOR TO THIRTY DAYS
BEFORE THE EXPERT WITNESS IS EXPECTED TO TESTIFY, BE  FORWARDED  BY  THE
EXPERT  WITNESS  OR  PARTY  FOR WHOM THE EXPERT WITNESS IS TESTIFYING TO
EACH PARTY OF THE ACTION AND TO ANY OTHER PERSON DEEMED NECESSARY BY THE
COURT.
  3. THE REPORT SHALL BE FILED NO LATER THAN THIRTY DAYS  PRIOR  TO  THE
DATE THAT SUCH EXPERT IS EXPECTED TO TESTIFY.
  4.  THE COURT IN WHICH THE EXPERT IS EXPECTED TO TESTIFY MAY WAIVE ANY
OR ALL OF THE PROVISIONS OF THIS SECTION, UPON A FINDING THAT COMPLIANCE
WITH THIS SECTION WOULD BE IMPRACTICABLE BASED ON THE FACTS AND  CIRCUM-
STANCES OF THE MATTER BEFORE THE COURT.
  5. THE PROVISIONS OF THIS SECTION SHALL APPLY TO AN EXPERT WITNESS WHO
IS CALLED AS A REBUTTAL WITNESS TO REBUT THE FINDINGS AND CONCLUSIONS OF
THE  INITIAL EXPERT WITNESS, UNLESS THE COURT DETERMINES THAT COMPLIANCE
WOULD BE IMPRACTICABLE BASED ON THE FACTS AND CIRCUMSTANCES PRESENTED.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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