Legislation
SECTION 332.2
Pre-trial motions; procedure
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 3
§ 332.2. Pre-trial motions; procedure. 1. Except as otherwise
expressly provided in this article, all pre-trial motions shall be filed
within thirty days after the conclusion of the initial appearance and
before commencement of the fact-finding hearing, or within such
additional times as the court may fix upon application of the respondent
made prior to entering a finding pursuant to section 345.1. If the
respondent is not represented by counsel and has requested an
adjournment to retain counsel or to have counsel appointed, such
thirty-day period shall commence on the date counsel initially appears
on the respondent's behalf. A motion made pursuant to subdivision eight
of section 332.1 must be made prior to the commencement of a
fact-finding hearing or the entry of an admission.
2. All pre-trial motions with supporting affidavits, exhibits and
memoranda of law, if any, shall be included within the same set of
motion papers wherever practicable, and shall be made returnable on the
same date, unless the respondent shows that it would be prejudicial to
the defense were a single judge to consider all such motions. Where one
motion seeks to provide the basis for making another motion, it shall be
deemed impracticable to include both motions in the same set of motion
papers.
3. Notwithstanding the provisions of subdivisions one and two, the
court must entertain and decide on its merits, at any time before the
conclusion of the fact-finding hearing, any appropriate motion based
upon grounds of which the respondent could not, with due diligence, have
been previously aware, or which, for other good cause, could not
reasonably have raised within the period specified in subdivision one.
Any other pre-trial motions made after such thirty day period may be
summarily denied, but the court, in the interest of justice and for good
cause shown may, in its discretion, at any time before a finding is
entered, entertain and dispose of the motion on the merits.
4. If the respondent is detained, the court shall hear and determine
pre-trial motions on an expedited basis.
expressly provided in this article, all pre-trial motions shall be filed
within thirty days after the conclusion of the initial appearance and
before commencement of the fact-finding hearing, or within such
additional times as the court may fix upon application of the respondent
made prior to entering a finding pursuant to section 345.1. If the
respondent is not represented by counsel and has requested an
adjournment to retain counsel or to have counsel appointed, such
thirty-day period shall commence on the date counsel initially appears
on the respondent's behalf. A motion made pursuant to subdivision eight
of section 332.1 must be made prior to the commencement of a
fact-finding hearing or the entry of an admission.
2. All pre-trial motions with supporting affidavits, exhibits and
memoranda of law, if any, shall be included within the same set of
motion papers wherever practicable, and shall be made returnable on the
same date, unless the respondent shows that it would be prejudicial to
the defense were a single judge to consider all such motions. Where one
motion seeks to provide the basis for making another motion, it shall be
deemed impracticable to include both motions in the same set of motion
papers.
3. Notwithstanding the provisions of subdivisions one and two, the
court must entertain and decide on its merits, at any time before the
conclusion of the fact-finding hearing, any appropriate motion based
upon grounds of which the respondent could not, with due diligence, have
been previously aware, or which, for other good cause, could not
reasonably have raised within the period specified in subdivision one.
Any other pre-trial motions made after such thirty day period may be
summarily denied, but the court, in the interest of justice and for good
cause shown may, in its discretion, at any time before a finding is
entered, entertain and dispose of the motion on the merits.
4. If the respondent is detained, the court shall hear and determine
pre-trial motions on an expedited basis.