FCA § 331.5

Discovery; protective orders, continuing duty to disclose

§ 331.5. Discovery; protective orders, continuing duty to disclose. 1. The court may, upon motion of either party, or of any affected person, or upon determination of a motion of either party for an order of discovery, or upon its own initiative, issue a protective order denying, limiting, conditioning, delaying or regulating discovery for good cause, including constitutional limitations, danger to the integrity of physical evidence or a substantial risk of physical harm, intimidation, economic reprisal, bribery or unjustified annoyance or embarrassment to any person or an adverse effect upon the legitimate needs of law enforcement, including the protection of the confidentiality of informants, or any other factor or set of factors which outweighs the usefulness of the discovery.

2. An order limiting, conditioning, delaying or regulating discovery may, among other things, require that any material copied or derived therefrom be maintained in the exclusive possession of the attorney for the discovering party and be used for the exclusive purpose of preparing for the defense or presentment of the action.

3. A motion for a protective order shall suspend discovery of the particular matter in dispute.

4. If, after complying with the provisions of sections 331.2 through 331.7 or an order pursuant thereto, a party finds, either before or during the fact-finding hearing, additional material subject to discovery or covered by such order, he shall promptly comply with the demand or order, refuse to comply with the demand where refusal is authorized, or apply for a protective order pursuant to this section.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/331.5

In plain English

The court may issue protective orders (limiting/delaying/conditioning discovery) for good cause. A protective-order motion suspends discovery of that item. ★ There's a continuing duty to disclose newly found material.

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 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.