N.Y. FCT Law § 330.1 — New York Code / Act FCT / Article 3 / Part 3 / Section 330.1
Bill of particulars
Status: in_force

§ 330.1. Bill of particulars. 1. Definitions. (a) "Bill of\nparticulars" is a written statement by the presentment agency\nspecifying, as required by this section, items of factual information\nwhich are not recited in the petition and which pertain to the offense\ncharged and including the substance of each respondent's conduct\nencompassed by the charge which the presentment agency intends to prove\nat a fact-finding hearing on its direct case, and whether the\npresentment agency intends to prove that the respondent acted as\nprincipal or accomplice or both. However, the presentment agency shall\nnot be required to include in the bill of particulars matters of\nevidence relating to how the presentment agency intends to prove the\nelements of the offense charged or how the presentment agency intends to\nprove any item of factual information included in the bill of\nparticulars.\n  (b) "Request for a bill of particulars" is a written request served by\nrespondent upon the presentment agency, without leave of the court,\nrequesting a bill of particulars, specifying the items of factual\ninformation desired, and alleging that respondent cannot adequately\nprepare or conduct his defense without the information requested.\n  2. Bill of particulars upon request. Upon a timely request for a bill\nof particulars by a respondent against whom a petition is pending, the\npresentment agency shall within fifteen days of the service of the\nrequest or as soon thereafter as is practicable, serve upon the\nrespondent or his or her attorney and file with the court, the bill of\nparticulars, except to the extent the presentment agency shall have\nrefused to comply with the request pursuant to subdivision four of this\nsection. If the respondent is detained, the court shall direct the\nfiling of the bill of particulars on an expedited basis and prior to the\ncommencement of the fact-finding hearing.\n  3. Timeliness of request. A request for a bill of particulars shall be\ntimely if made within thirty days after the conclusion of the initial\nappearance and before commencement of the fact-finding hearing. If the\nrespondent is not represented by counsel, and has requested an\nadjournment to retain counsel or to have counsel appointed, the\nthirty-day period shall commence, for the purposes of a request for a\nbill of particulars by the respondent, on the date counsel initially\nappeared on respondent's behalf. However, the court may direct\ncompliance with a request for a bill of particulars that, for good cause\nshown, could not have been made within the time specified.\n  4. Request refused. The presentment agency may refuse to comply with\nthe request for a bill of particulars or any portion of the request for\na bill of particulars to the extent it reasonably believes that the item\nof factual information requested is not authorized to be included in a\nbill of particulars, or that such information is not necessary to enable\nthe respondent adequately to prepare or conduct his defense, or that a\nprotective order would be warranted or that the demand is untimely. Such\nrefusal shall be made in a writing, which shall set forth the grounds of\nsuch belief as fully as possible, consistent with the reason for the\nrefusal. Within fifteen days of the request or as soon thereafter as\npracticable, the refusal shall be served upon the respondent and a copy\nshall be filed with the court.\n  5. Court ordered bill of particulars. Where a presentment agency has\ntimely served a written refusal pursuant to subdivision four of this\nsection and upon motion, made in writing, of a respondent, who has made\na request for a bill of particulars and whose request has not been\ncomplied with in whole or in part, the court must, to the extent a\nprotective order is not warranted, order the presentment agency to\ncomply with the request if it is satisfied that the items of factual\ninformation requested are authorized to be included in a bill of\nparticulars, and that such information is necessary to enable the\nrespondent adequately to prepare or conduct his defense and, if the\nrequest was untimely, a finding of good cause for the delay. Where a\npresentment agency has not timely served a written refusal pursuant to\nsubdivision four of this section the court must, unless it is satisfied\nthat the presentment agency has shown good cause why such an order\nshould not be issued, issue an order requiring the presentment agency to\ncomply or providing for any other order authorized by subdivision one of\nsection 331.6.\n  6. Motion procedure. A motion for a bill of particulars shall be made\nas prescribed in section 332.1. Upon an order granting a motion pursuant\nto this section, the presentment agency must file with the court a bill\nof particulars, reciting every item of information designated in the\norder, and serve a copy thereof upon the respondent. Pending such filing\nand service, the fact-finding hearing is stayed.\n  7. Protective order. (a) The court may, upon motion of the presentment\nagency, or of any affected person, or upon determination of a motion of\nrespondent for a court-ordered bill of particulars, or upon its own\ninitiative, issue a protective order denying, limiting, conditioning,\ndelaying or regulating the bill of particulars for good cause, including\nconstitutional limitations, danger to the integrity of physical evidence\nor a substantial risk of physical harm, intimidation, economic reprisal,\nbribery or unjustified annoyance or embarrassment to any person or an\nadverse effect upon the legitimate needs of law enforcement, including\nthe protection of the confidentiality of informants, or any other factor\nor set of factors which outweighs the need for the bill of particulars.\n  (b) An order limiting, conditioning, delaying or regulating the bill\nof particulars may, among other things, require that any material copied\nor derived therefrom be maintained in the exclusive possession of the\nattorney for the respondent and be used for the exclusive purpose of\npreparing for the defense of the juvenile delinquency proceeding.\n  8. Amendment. At any time before commencement of the fact-finding\nhearing, the presentment agency may, without leave of the court, serve\nupon respondent and file with the court an amended bill of particulars.\nAt any time during the fact-finding hearing, upon application of the\npresentment agency and with notice to the respondent and an opportunity\nfor him to be heard, the court must, upon finding that no undue\nprejudice will accrue to respondent and that the presentment agency has\nacted in good faith, permit the presentment agency to amend the bill of\nparticulars. Upon any amendment of the bill of particulars, the court\nmust, upon application of respondent, order an adjournment of the\nfact-finding hearing or any other action it deems appropriate which may,\nby reason of the amendment, be necessary to accord the respondent an\nadequate opportunity to defend.\n