N.Y. Fam. Ct. Act § 332.2

Current through 2024 NY Law Chapters 1-50, 52-55, 57, 61-117

Section 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.

N.Y. Family Court Law § 332.2