N.Y. FCT Law § 331.2 — New York Code / Act FCT / Article 3 / Part 3 / Section 331.2
Discovery; upon demand of a party
Status: in_force

§ 331.2. Discovery; upon demand of a party. 1. Except to the extent\nprotected by court order, upon a demand to produce by a respondent, the\npresentment agency shall disclose to the respondent and make available\nfor inspection, photography, copying or testing, the following property:\n  (a) any written, recorded or oral statement of the respondent, or by a\nco-respondent, made, other than in the course of the criminal\ntransaction, to a public servant engaged in law enforcement activity or\nto a person then acting under his direction or in cooperation with him;\n  (b) any transcript of testimony relating to the proceeding pending\nagainst the respondent, given by the respondent, or by a co-respondent,\nbefore any grand jury;\n  (c) any written report or document, or portion thereof, concerning a\nphysical or mental examination, or scientific test or experiment,\nrelating to the proceeding which was made by, or at the request or\ndirection of a public servant engaged in law enforcement activity or\nwhich was made by a person whom the presentment agency intends to call\nas a witness at a hearing, or which the presentment agency intends to\nintroduce at a hearing;\n  (d) any photograph or drawing relating to the proceeding which was\nmade or completed by a public servant engaged in law enforcement\nactivity, or which was made by a person whom the presentment agency\nintends to call as a witness at a hearing, or which the presentment\nagency intends to introduce at a hearing;\n  (e) any other property obtained from the respondent or a\nco-respondent;\n  (f) any tapes or other electronic recordings which the presentment\nagency intends to introduce at the fact-finding hearing, irrespective of\nwhether such recording was made during the course of the criminal\ntransaction;\n  (g) anything required to be disclosed, prior to the fact-finding\nhearing, to the respondent by the presentment agency, pursuant to the\nconstitution of this state or of the United States; and\n  (h) the approximate date, time and place of the offense charged and of\nrespondent's arrest.\n  2. (a) The presentment agency shall make a diligent, good faith effort\nto ascertain the existence of property demanded pursuant to subdivision\none and to cause such property to be made available for discovery where\nit exists but is not within the presentment agency's possession, custody\nor control; provided, that the presentment agency shall not be required\nto obtain by subpoena duces tecum demanded material which the respondent\nmay thereby obtain.\n  (b) In any case in which the property includes grand jury testimony,\nthe presentment agency shall forthwith request that the district\nattorney provide a transcript of such testimony; upon receiving such a\nrequest, the district attorney shall promptly apply to the appropriate\ncriminal court, with written notice to the presentment agency and the\nrespondent, for a written order pursuant to section three hundred\ntwenty-five of the judiciary law releasing a transcript of testimony to\nthe presentment agency.\n  3. Except to the extent protected by court order, upon demand to\nproduce by the presentment agency, the respondent shall disclose and\nmake available for inspection, photography, copying or testing, subject\nto constitutional limitations:\n  (a) any written report or document, or portion thereof, concerning a\nphysical examination, or scientific test, experiment, or comparison,\nmade by or at the request or direction of, the respondent, if the\nrespondent intends to introduce such report or document at a hearing, or\nif the respondent has filed a notice of defense of mental disease or\ndefect pursuant to section 335.1 and such report or document relates\nthereto, or if such report or document was made by a person, other than\nrespondent, whom respondent intends to call as a witness at a hearing;\nand\n  (b) any photograph, drawing, tape or other electronic recording which\nthe respondent intends to introduce at a hearing.\n  4. Except to the extent protected by court order, upon demand to\nproduce by the presentment agency, a respondent who has served a written\nnotice, under section 335.1, of intention to rely upon the defense of\nmental disease or defect shall disclose and make available for\ninspection, photography, copying or testing, subject to constitutional\nlimitations, any written report or document, or portion thereof,\nconcerning a mental examination made by or at the request or direction\nof the respondent.\n  5. The respondent shall make a diligent good faith effort to make such\nproperty available for discovery pursuant to subdivisions three and four\nwhere it exists but the property is not within his possession, custody\nor control, provided that the respondent shall not be required to obtain\nby subpoena duces tecum demanded material that the presentment agency\nmay thereby obtain.\n  6. Notwithstanding the provisions of subdivisions one through five,\nthe presentment agency or the respondent, as the case may be, may refuse\nto disclose any information which he reasonably believes is not\ndiscoverable by a demand to produce, or for which he reasonably believes\na protective order pursuant to section 331.5 would be warranted. Such\nrefusal shall be made in writing, which shall set forth the grounds of\nsuch belief as fully as possible, consistent with the objective of the\nrefusal. The writing shall be served upon the demanding party and a copy\nshall be filed with the court.\n