Rules of evidence; rape crisis counselor evidence in certain cases · as in force on May 31, 2026
§ 60.76 Rules of evidence; rape crisis counselor evidence in certain
cases.
Where disclosure of a communication which would have been privileged pursuant to section forty-five hundred ten of the civil practice law and rules is sought on the grounds that the privilege has been waived or that disclosure is required pursuant to the constitution of this state or the United States, the party seeking disclosure must file a written motion supported by an affidavit containing specific factual allegations providing grounds that disclosure is required. Upon the filing of such motion and affidavit, the court shall conduct an in camera review of the communication outside the presence of the jury and of counsel for all parties in order to determine whether disclosure of any portion of the communication is required.
A party seeking disclosure of a communication otherwise privileged under CPLR § 4510, on the ground that the privilege was waived or disclosure is constitutionally required, must file a written motion and an affidavit with specific facts supporting disclosure. ★ The court must then review the communication in camera, outside the jury’s and all counsel’s presence, to decide whether any part must be disclosed.
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.