N.Y. Fam. Ct. Act § 331.3

Current through 2024 NY Law Chapters 1-59 and 61-118
Section 331.3 - Discovery; upon court order
1. Upon motion of respondent the court, (a) must order discovery as to any material not disclosed upon a demand pursuant to section 331.2, if it finds that the presentment agency's refusal to disclose such material is not justified; (b) must, unless it is satisfied that the presentment agency has shown good cause why such an order should not be issued, order discovery or any other order authorized by subdivision one of section 331.6 as to any material not disclosed upon demand pursuant to section 331.2 where the presentment agency has failed to serve a timely written refusal pursuant to subdivision six of section 331.2; and (c) may order discovery with respect to any other property which the presentment agency intends to introduce at the fact-finding hearing, upon a showing by the respondent that discovery with respect to such property is material to the preparation of his defense, and that the request is reasonable. Upon granting the motion pursuant to paragraph (c) hereof, the court shall, upon motion of the presentment agency showing such to be material to the preparation of its case and that the request is reasonable, condition its order of discovery by further directing discovery by the presentment agency of property, of the same kind or character as that authorized to be inspected by the respondent which he intends to introduce at the fact-finding hearing.
2. Upon motion of the presentment agency, and subject to constitutional limitation, the court;
(a) must order discovery as to any property not disclosed upon a demand pursuant to section 331.2, if it finds that the respondent's refusal to disclose such material is not justified; and
(b)may order the respondent to provide non-testimonial evidence. Such order may, among other things, require the respondent to:
(i) appear in a line-up;
(ii) speak for identification by witness or potential witness;
(iii) be fingerprinted, provided that the respondent is subject to fingerprinting pursuant to this article;
(iv) pose for photographs not involving reenactment of an event, provided the respondent is subject to fingerprinting pursuant to this article;
(v) permit the taking of samples of blood, hair or other materials from his body in a manner not involving an unreasonable intrusion thereof or a risk of serious physical injury thereto;
(vi) provide specimens of his handwriting; and
(vii) submit to a reasonable physical or medical inspection of his body.

This subdivision shall not be construed to limit, expand, or otherwise affect the issuance of a similar court order, as may be authorized by law, before the filing of a petition consistent with such rights as the respondent may derive from this article, the constitution of this state or of the United States.

3. An order pursuant to this section may be denied, limited or conditioned as provided in section 331.5.

N.Y. Family Court Law § 331.3