FCA § 332.1

Pre-trial motions; definition

§ 332.1. Pre-trial motions; definition. "Pre-trial motion" as used in this article means any motion by a respondent which seeks an order of the court:

1. transferring a proceeding pursuant to section 302.3; or

2. granting a separate fact-finding hearing pursuant to section 311.3; or

3. granting separate fact-finding hearings or consolidating petitions pursuant to section 311.6; or

4. dismissing a petition pursuant to section 315.1; or

5. granting a bill of particulars pursuant to section 330.1; or

6. granting discovery pursuant to section 331.3; or

7. suppressing the use at the fact-finding hearing of any evidence pursuant to section 330.2; or

8. dismissing a petition, or any count thereof, on the ground that the respondent has been denied a speedy fact-finding hearing contrary to section 310.2; or

9. dismissing a petition, or any count thereof, on the ground that the proceeding is untimely, pursuant to section 302.2; or

10. dismissing a petition, or any count thereof, on the ground that the proceeding is barred in accordance with the laws applicable pursuant to section 303.2.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/332.1

In plain English

Lists the "omnibus" pre-trial motions: transfer, severance/consolidation, dismiss defective petition, bill of particulars, discovery, suppression, speedy-trial dismissal (§ 310.2), untimeliness (§ 302.2), double jeopardy (§ 303.2).

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.