Rule 4019. Recording in camera interviews of infants. (a) A court shall not conduct an in camera interview of an infant in any action or proceeding to fix temporary or permanent custody or to modify judgments and orders of custody concerning marital separation, divorce, annulment of marriage and dissolution of marriage unless a stenographic record of such interview is made.
(b) If an appeal is taken to the appellate division from a judgment or order of the court on any such action or proceeding, the stenographic record of any such interview shall be made a part of the record and forwarded under seal to the appellate division.
(a) In any action to fix or modify custody (marital separation, divorce, annulment, dissolution), a court shall not conduct an in camera (private) interview of a child unless a stenographic record is made.★
(b) On appeal to the Appellate Division, that stenographic record is made part of the record and forwarded under seal.★
★ Exam hits:
Referee/advisory-jury motion → within 20 DAYS after note of issue is filed (§ 4015).
Closing statements run in inverse order to openings (§ 4016(a)); in PI/wrongful-death cases a specific-dollar reference in closing triggers the "argument, not evidence, damages are the jury's call" charge on request (§ 4016(b)).
Objections must be made known at the time; formal exceptions aren't needed, but failure to object can restrict appellate review under § 5501 (§ 4017).
A trial continues to completion even if the term expires (§ 4014); the party who filed the note of issue furnishes marked pleadings (§ 4012).
In camera interview of a child in custody cases requires a stenographic record (§ 4019); off-site trial needs a stipulation (§ 4013).
Increased-damages verdicts must state single damages, then judgment is entered for the multiplied amount (§ 4018).
Verbatim statute: CPLR - Article 40
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 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.