Admissibility of discovery · as in force on May 31, 2026
§ 245.85 Admissibility of discovery.
The fact that a party has indicated during the discovery process an intention to offer specified evidence or to call a specified witness is not admissible in evidence or grounds for adverse comment at a hearing or a trial.
A party’s discovery-stage statement that it plans to offer particular evidence or call a particular witness cannot itself be admitted as evidence or used for adverse comment at a hearing or trial. ★
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.
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.