Rules of evidence, family offense proceedings in family court · as in force on May 31, 2026
§ 60.46 Rules of evidence, family offense proceedings in family court.
Evidence of a written or oral admission or any testimony given by either party, or evidence derived therefrom, in a proceeding under article eight of the family court act without the benefit of counsel in such proceeding may not be received into evidence in a criminal proceeding except for the purposes of impeachment unless such party waives the right to counsel on the record. Nothing herein shall be deemed to prohibit any testimony or exhibits received into evidence in a criminal proceeding, or any orders, decisions or judgments arising from such proceeding from being received into evidence in any proceeding under article eight of the family court act.
An uncounseled admission or testimony by either party in a Family Court Act article 8 proceeding, and evidence derived from it, may not be used in a criminal case except to impeach that party, unless the party waived counsel on the record. ★ This does not stop testimony, exhibits, orders, decisions, or judgments from a criminal case from being used in an article 8 proceeding.
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.