CPL § 245.35

Court ordered procedures to facilitate compliance · as in force on May 31, 2026

§ 245.35 Court ordered procedures to facilitate compliance.

To facilitate compliance with this article, and to reduce or streamline litigation of any disputes about discovery, the court in its discretion may issue an order:

1. Requiring that the prosecutor and counsel for the defendant diligently confer to attempt to reach an accommodation as to any dispute concerning discovery prior to seeking a ruling from the court;

2. Requiring a discovery compliance conference at a specified time prior to trial between the prosecutor, counsel for all defendants, and the court or its staff;

3. Requiring the prosecution to file an additional certificate of compliance that states that the prosecutor and/or an appropriate named agent has made reasonable inquiries of all police officers and other persons who have participated in investigating or evaluating the case about the existence of any favorable evidence or information within paragraph (k) of subdivision one of section 245.20 of this article, including such evidence or information that was not reduced to writing or otherwise memorialized or preserved as evidence, and has disclosed any such information to the defendant; and/or

4. Requiring other measures or proceedings designed to carry into effect the goals of this article.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/245.35

In plain English

To ease compliance and streamline discovery disputes, the court may, in its discretion, issue an order requiring:

(1) the prosecutor and defense counsel to diligently confer to try to resolve a discovery dispute before seeking a court ruling;
(2) a discovery compliance conference at a set time before trial among the prosecutor, counsel for all defendants, and the court or its staff;
(3) an additional certificate of compliance stating that the prosecutor or a named agent made reasonable inquiries of all police officers and others who investigated or evaluated the case about favorable information under § 245.20(1)(k), including information never written down or preserved, and disclosed it to the defendant; ★ and/or
(4) other measures or proceedings that carry out this article's goals.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.