FCA § 331.6

Discovery; sanctions

§ 331.6. Discovery; sanctions. 1. If, during the course of discovery proceedings, the court finds that a party has failed to comply with any of the provisions of sections 331.2 through 331.7, the court may order such party to permit discovery of the property not previously disclosed, grant a continuance, issue a protective order, prohibit the introduction of certain evidence or the calling of certain witnesses or take any other appropriate action.

2. The failure of the presentment agency to call as a witness a person specified in subdivision one of section 331.2 or any party to introduce disclosed material at the fact-finding hearing shall not, by itself constitute grounds for any sanction or for adverse comment thereupon by any party.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/331.6

In plain English

For non-compliance the court may order disclosure, grant a continuance, issue a protective order, preclude evidence/witnesses, or take other action. Merely failing to call a witness or introduce disclosed material is not by itself sanctionable.

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.