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This entry was published on 2014-09-22
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SECTION 331.4
Discovery; of prior statements and history of witnesses
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 3
§ 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.