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Part 3 - Article 3 - Family Court

DISCOVERY

Section Description
330.1 Bill of particulars.
330.2 Suppression of evidence.
331.1 Discovery; definition of terms.
331.2 Discovery; upon demand of a party.
331.3 Discovery; upon court order.
331.4 Discovery; of prior statements and history of witnesses.
331.5 Discovery; protective orders, continuing duty to disclose.
331.6 Discovery; sanctions.
331.7 Discovery; demand and motion procedure.
332.1 Pre-trial motions; definition.
332.2 Pre-trial motions; procedure.
335.1 Notice of defense of mental disease or defect.
335.2 Notice of alibi. 
  S 330.1. Bill   of  particulars. 1.  Definitions.  (a)  "Bill  of
  particulars"  is  a  written  statement  by   the   presentment   agency
  specifying,  as  required  by this section, items of factual information
  which are not recited in the petition and which pertain to  the  offense
  charged  and  including  the  substance  of  each  respondent's  conduct
  encompassed by the charge which the presentment agency intends to  prove
  at   a  fact-finding  hearing  on  its  direct  case,  and  whether  the
  presentment agency  intends  to  prove  that  the  respondent  acted  as
  principal  or  accomplice or both. However, the presentment agency shall
  not be required to  include  in  the  bill  of  particulars  matters  of
  evidence  relating  to  how  the presentment agency intends to prove the
  elements of the offense charged or how the presentment agency intends to
  prove  any  item  of  factual  information  included  in  the  bill   of
  particulars.
    (b) "Request for a bill of particulars" is a written request served by
  respondent  upon  the  presentment  agency,  without leave of the court,
  requesting a bill  of  particulars,  specifying  the  items  of  factual
  information  desired,  and  alleging  that  respondent cannot adequately
  prepare or conduct his defense without the information requested.
    2. Bill of particulars upon request. Upon a timely request for a  bill
  of  particulars  by a respondent against whom a petition is pending, the
  presentment agency shall within fifteen  days  of  the  service  of  the
  request  or  as  soon  thereafter  as  is  practicable,  serve  upon the
  respondent or his or her attorney and file with the court, the  bill  of
  particulars,  except  to  the  extent  the presentment agency shall have
  refused to comply with the request pursuant to subdivision four of  this
  section.  If  the  respondent  is  detained,  the court shall direct the
  filing of the bill of particulars on an expedited basis and prior to the
  commencement of the fact-finding hearing.
    3. Timeliness of request. A request for a bill of particulars shall be
  timely if made within thirty days after the conclusion  of  the  initial
  appearance  and  before commencement of the fact-finding hearing. If the
  respondent  is  not  represented  by  counsel,  and  has  requested   an
  adjournment  to  retain  counsel  or  to  have  counsel  appointed,  the
  thirty-day period shall commence, for the purposes of a  request  for  a
  bill  of  particulars  by  the respondent, on the date counsel initially
  appeared  on  respondent's  behalf.  However,  the  court   may   direct
  compliance with a request for a bill of particulars that, for good cause
  shown, could not have been made within the time specified.
    4.  Request  refused. The presentment agency may refuse to comply with
  the request for a bill of particulars or any portion of the request  for
  a bill of particulars to the extent it reasonably believes that the item
  of  factual  information requested is not authorized to be included in a
  bill of particulars, or that such information is not necessary to enable
  the respondent adequately to prepare or conduct his defense, or  that  a
  protective order would be warranted or that the demand is untimely. Such
  refusal shall be made in a writing, which shall set forth the grounds of
  such  belief  as  fully  as possible, consistent with the reason for the
  refusal. Within fifteen days of the request or  as  soon  thereafter  as
  practicable,  the refusal shall be served upon the respondent and a copy
  shall be filed with the court.
    5. Court ordered bill of particulars. Where a presentment  agency  has
  timely  served  a  written  refusal pursuant to subdivision four of this
  section and upon motion, made in writing, of a respondent, who has  made
  a  request  for  a  bill  of  particulars and whose request has not been
  complied with in whole or in part, the  court  must,  to  the  extent  a
  protective  order  is  not  warranted,  order  the presentment agency to
  comply with the request if it is satisfied that  the  items  of  factual
  information  requested  are  authorized  to  be  included  in  a bill of
  particulars, and that  such  information  is  necessary  to  enable  the
  respondent  adequately  to  prepare  or  conduct his defense and, if the
  request  was  untimely,  a  finding of good cause for the delay. Where a
  presentment agency has not timely served a written refusal  pursuant  to
  subdivision  four of this section the court must, unless it is satisfied
  that the presentment agency has shown  good  cause  why  such  an  order
  should not be issued, issue an order requiring the presentment agency to
  comply or providing for any other order authorized by subdivision one of
  section 331.6.
    6.  Motion procedure. A motion for a bill of particulars shall be made
  as prescribed in section 332.1. Upon an order granting a motion pursuant
  to this section, the presentment agency must file with the court a  bill
  of  particulars,  reciting  every  item of information designated in the
  order, and serve a copy thereof upon the respondent. Pending such filing
  and service, the fact-finding hearing is stayed.
    7. Protective order. (a) The court may, upon motion of the presentment
  agency, or of any affected person, or upon determination of a motion  of
  respondent  for  a  court-ordered  bill  of particulars, or upon its own
  initiative, issue a protective order  denying,  limiting,  conditioning,
  delaying or regulating the bill of particulars 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 need for the bill of particulars.
    (b)  An  order limiting, conditioning, delaying or regulating the bill
  of particulars may, among other things, require that any material copied
  or derived therefrom be maintained in the exclusive  possession  of  the
  attorney  for  the  respondent  and be used for the exclusive purpose of
  preparing for the defense of the juvenile delinquency proceeding.
    8. Amendment. At any time  before  commencement  of  the  fact-finding
  hearing,  the  presentment agency may, without leave of the court, serve
  upon respondent and file with the court an amended bill of  particulars.
  At  any  time  during  the fact-finding hearing, upon application of the
  presentment agency and with notice to the respondent and an  opportunity
  for  him  to  be  heard,  the  court  must,  upon  finding that no undue
  prejudice will accrue to respondent and that the presentment agency  has
  acted  in good faith, permit the presentment agency to amend the bill of
  particulars. Upon any amendment of the bill of  particulars,  the  court
  must,  upon  application  of  respondent,  order  an  adjournment of the
  fact-finding hearing or any other action it deems appropriate which may,
  by reason of the amendment, be necessary to  accord  the  respondent  an
  adequate opportunity to defend.

  S 330.2. Suppression  of  evidence.  1.  A  respondent in a juvenile
  delinquency proceeding  may  make  a  motion  to  suppress  evidence  in
  accordance  with  sections  710.20  and 710.60 of the criminal procedure
  law.
    2. Whenever the presentment agency intends to offer at a  fact-finding
  hearing  evidence  described  in  section  710.20  or subdivision one of
  section 710.30 of the criminal procedure law,  such  agency  must  serve
  upon  respondent  notice  of  such intention. Such notice must be served
  within fifteen days after the conclusion of the  initial  appearance  or
  before  the  fact-finding  hearing,  whichever  occurs first, unless the
  court, for good cause shown,  permits  later  service  and  accords  the
  respondent  a  reasonable  opportunity  to  make  a  suppression  motion
  thereafter. If the respondent is detained, the court shall  direct  that
  such notice be served on an expedited basis.
    3.  When a motion to suppress evidence is made before the commencement
  of the fact-finding hearing, the fact-finding hearing shall not be  held
  until the determination of the motion.
    4.  After the pre-trial determination and denial of the motion, if the
  court is satisfied, upon a showing by the  respondent,  that  additional
  pertinent  facts  have been discovered by the respondent which could not
  have been discovered by the respondent with reasonable diligence  before
  determination  of the motion, it may permit him to renew. Such motion to
  renew shall be made  prior  to  the  commencement  of  the  fact-finding
  hearing,  unless  the  additional pertinent facts were discovered during
  the fact-finding hearing.
    5. Upon granting a motion to suppress evidence, the court  must  order
  that  the  evidence  in  question  be  excluded. When the order excludes
  tangible property unlawfully taken from the respondent's possession, and
  when such property is not otherwise subject  to  lawful  retention,  the
  court  may,  upon  request  of  the  respondent, further order that such
  property be restored to him.
    6. An order finally denying a  motion  to  suppress  evidence  may  be
  reviewed  upon  an  appeal  from  an  ensuing  finding  of  delinquency,
  notwithstanding the fact that such finding is entered upon an  admission
  made  by  the  respondent,  unless  the  respondent,  upon an admission,
  expressly waives his right to appeal.
    7.  A  motion  to  suppress  evidence  is  the  exclusive  method   of
  challenging  the admissibility of evidence upon the grounds specified in
  this section, and a respondent who does not make such  a  motion  waives
  his right to judicial determination of any such contention.
    8. In the absence of service of notice upon a respondent as prescribed
  in  this section, no evidence of a kind specified in subdivision two may
  be received against him at  the  fact-finding  hearing  unless  he  has,
  despite  the  lack  of  such notice, moved to suppress such evidence and
  such motion has been denied.
    9. An order granting a motion to suppress evidence shall be deemed  an
  order  of disposition appealable under section eleven hundred twelve. In
  taking such an appeal the presentment agency must file, in addition to a
  notice of appeal, a statement alleging that the deprivation of  the  use
  of  the  evidence  ordered  suppressed has rendered the sum of the proof
  available to the presentment agency either: (a) insufficient as a matter
  of law, or (b) so weak in its entirety that any  reasonable  possibility
  of   proving   the  allegations  contained  in  the  petition  has  been
  effectively destroyed.  If the respondent is in detention  he  shall  be
  released  pending  such  appeal  unless  the  court,  upon  conducting a
  hearing, enters an  order  continuing  detention.  An  order  continuing
  detention  under  this  subdivision  may  be  stayed  by the appropriate
  appellate division.
    10. The taking of an appeal by  the  presentment  agency  pursuant  to
  subdivision  nine  constitutes  a bar to the presentment of the petition
  involving  the  evidence  ordered  suppressed,  unless  and  until  such
  suppression is reversed upon appeal and vacated.

  S 331.1. Discovery; definition of terms. The following definitions are
  applicable to this section and sections 331.2 through 331.7.
    1.  "Demand  to  produce"  means  a  written notice served by and on a
  party, without  leave  of  the  court,  demanding  to  inspect  property
  pursuant  to  section 331.2 or 331.3 and giving reasonable notice of the
  time at which  the  demanding  party  wishes  to  inspect  the  property
  designated.
    2.  "Attorneys'  work  product"  means  property to the extent that it
  contains the  opinions,  theories  or  conclusions  of  the  presentment
  agency, counsel for the respondent or members of their staffs.
    3.  "Property"  means any existing tangible personal or real property,
  including but  not  limited  to,  books,  records,  reports,  memoranda,
  papers,  photographs,  tapes or other electronic recordings, articles of
  clothing,  fingerprints,  blood   samples,   fingernail   scrapings   or
  handwriting specimens, but excluding attorneys' work product.
    4.  "Co-respondent"  means a person whose name appears in the petition
  pursuant to paragraph (i) of subdivision three of section 311.1.

  S 331.2. Discovery;  upon demand of a party. 1. Except to the extent
  protected by court order, upon a demand to produce by a respondent,  the
  presentment  agency  shall disclose to the respondent and make available
  for inspection, photography, copying or testing, the following property:
    (a) any written, recorded or oral statement of the respondent, or by a
  co-respondent,  made,  other  than  in  the  course  of   the   criminal
  transaction,  to a public servant engaged in law enforcement activity or
  to a person then acting under his direction or in cooperation with him;
    (b) any transcript of testimony relating  to  the  proceeding  pending
  against  the respondent, given by the respondent, or by a co-respondent,
  before any grand jury;
    (c) any written report or document, or portion thereof,  concerning  a
  physical  or  mental  examination,  or  scientific  test  or experiment,
  relating to the proceeding which was made  by,  or  at  the  request  or
  direction  of  a  public  servant engaged in law enforcement activity or
  which was made by a person whom the presentment agency intends  to  call
  as  a  witness  at a hearing, or which the presentment agency intends to
  introduce at a hearing;
    (d) any photograph or drawing relating to  the  proceeding  which  was
  made  or  completed  by  a  public  servant  engaged  in law enforcement
  activity, or which was made by a  person  whom  the  presentment  agency
  intends  to  call  as  a  witness at a hearing, or which the presentment
  agency intends to introduce at a hearing;
    (e)  any  other  property  obtained   from   the   respondent   or   a
  co-respondent;
    (f)  any  tapes  or  other electronic recordings which the presentment
  agency intends to introduce at the fact-finding hearing, irrespective of
  whether such recording was  made  during  the  course  of  the  criminal
  transaction;
    (g)  anything  required  to  be  disclosed,  prior to the fact-finding
  hearing, to the respondent by the presentment agency,  pursuant  to  the
  constitution of this state or of the United States; and
    (h) the approximate date, time and place of the offense charged and of
  respondent's arrest.
    2. (a) The presentment agency shall make a diligent, good faith effort
  to  ascertain the existence of property demanded pursuant to subdivision
  one and to cause such property to be made available for discovery  where
  it exists but is not within the presentment agency's possession, custody
  or  control; provided, that the presentment agency shall not be required
  to obtain by subpoena duces tecum demanded material which the respondent
  may thereby obtain.
    (b) In any case in which the property includes grand  jury  testimony,
  the  presentment  agency  shall  forthwith  request  that  the  district
  attorney provide a transcript of such testimony; upon receiving  such  a
  request,  the  district attorney shall promptly apply to the appropriate
  criminal court, with written notice to the presentment  agency  and  the
  respondent,  for  a  written  order  pursuant  to  section three hundred
  twenty-five of the judiciary law releasing a transcript of testimony  to
  the presentment agency.
    3.  Except  to  the  extent  protected  by court order, upon demand to
  produce by the presentment agency, the  respondent  shall  disclose  and
  make  available for inspection, photography, copying or testing, subject
  to constitutional limitations:
    (a) any written report or document, or portion thereof,  concerning  a
  physical  examination,  or  scientific  test, experiment, or comparison,
  made by or at the request  or  direction  of,  the  respondent,  if  the
  respondent intends to introduce such report or document at a hearing, or
  if  the  respondent  has  filed a notice of defense of mental disease or
  defect pursuant to section 335.1 and such  report  or  document  relates
  thereto,  or if such report or document was made by a person, other than
  respondent, whom respondent intends to call as a witness at  a  hearing;
  and
    (b)  any photograph, drawing, tape or other electronic recording which
  the respondent intends to introduce at a hearing.
    4. Except to the extent protected  by  court  order,  upon  demand  to
  produce by the presentment agency, a respondent who has served a written
  notice,  under  section  335.1, of intention to rely upon the defense of
  mental  disease  or  defect  shall  disclose  and  make  available   for
  inspection,  photography,  copying or testing, subject to constitutional
  limitations,  any  written  report  or  document,  or  portion  thereof,
  concerning  a  mental examination made by or at the request or direction
  of the respondent.
    5. The respondent shall make a diligent good faith effort to make such
  property available for discovery pursuant to subdivisions three and four
  where it exists but the property is not within his  possession,  custody
  or control, provided that the respondent shall not be required to obtain
  by  subpoena  duces  tecum demanded material that the presentment agency
  may thereby obtain.
    6. Notwithstanding the provisions of subdivisions  one  through  five,
  the presentment agency or the respondent, as the case may be, may refuse
  to  disclose  any  information  which  he  reasonably  believes  is  not
  discoverable by a demand to produce, or for which he reasonably believes
  a protective order pursuant to section 331.5 would  be  warranted.  Such
  refusal  shall  be made in writing, which shall set forth the grounds of
  such belief as fully as possible, consistent with the objective  of  the
  refusal. The writing shall be served upon the demanding party and a copy
  shall be filed with the court.

  S 331.3. Discovery; upon court order. 1. Upon motion of respondent the
  court,  (a) must order discovery as to any material not disclosed upon a
  demand pursuant to section 331.2,  if  it  finds  that  the  presentment
  agency's  refusal  to disclose such material is not justified; (b) must,
  unless it is satisfied that the presentment agency has shown good  cause
  why  such  an  order  should not be issued, order discovery or any other
  order authorized by subdivision one of section 331.6 as to any  material
  not   disclosed   upon  demand  pursuant  to  section  331.2  where  the
  presentment agency has failed to serve a timely written refusal pursuant
  to subdivision six of section 331.2; and (c) may  order  discovery  with
  respect  to  any  other property which the presentment agency intends to
  introduce at the fact-finding hearing, upon a showing by the  respondent
  that  discovery  with  respect  to  such  property  is  material  to the
  preparation of his defense, and that the  request  is  reasonable.  Upon
  granting  the  motion pursuant to paragraph (c) hereof, the court shall,
  upon motion of the presentment agency showing such to be material to the
  preparation of its case and that the request  is  reasonable,  condition
  its order of discovery by further directing discovery by the presentment
  agency  of property, of the same kind or character as that authorized to
  be inspected by the respondent which he  intends  to  introduce  at  the
  fact-finding hearing.
    2.   Upon   motion   of   the   presentment  agency,  and  subject  to
  constitutional limitation, the court; (a) must order discovery as to any
  property not disclosed upon a demand pursuant to section  331.2,  if  it
  finds  that  the  respondent's  refusal to disclose such material is not
  justified; and (b) may order the respondent to  provide  non-testimonial
  evidence. Such order may, among other things, require the respondent to:
    (i) appear in a line-up;
    (ii) speak for identification by witness or potential witness;
    (iii)  be  fingerprinted,  provided  that the respondent is subject to
  fingerprinting pursuant to this article;
    (iv) pose for photographs  not  involving  reenactment  of  an  event,
  provided  the  respondent  is subject to fingerprinting pursuant to this
  article;
    (v) permit the taking of samples of blood,  hair  or  other  materials
  from  his  body  in  a  manner  not  involving an unreasonable intrusion
  thereof or a risk of serious physical injury thereto;
    (vi) provide specimens of his handwriting; and
    (vii) submit to a reasonable physical or  medical  inspection  of  his
  body.
    This subdivision shall not be construed to limit, expand, or otherwise
  affect  the  issuance  of a similar court order, as may be authorized by
  law, before the filing of a petition consistent with such rights as  the
  respondent  may derive from this article, the constitution of this state
  or of the United States.
    3. An order pursuant  to  this  section  may  be  denied,  limited  or
  conditioned as provided in section 331.5.

  S 331.4. Discovery; of prior statements and history of witnesses. 1.
  At the commencement of the fact-finding hearing, the presentment  agency
  shall, subject to a protective order, make available to the respondent:
    (a)  any written or recorded statement, including any testimony before
  a grand jury and any examination videotaped pursuant to  section  190.32
  of  the  criminal  procedure  law, made by a person whom the presentment
  agency intends to call as a witness at  the  fact-finding  hearing,  and
  which  relates  to  the  subject matter of the witness's testimony. When
  such a statement includes grand jury testimony, the  presentment  agency
  shall  request  that  the  district  attorney  provide  a  transcript of
  testimony prior to the commencement of the  fact-finding  hearing;  upon
  receiving  such a request, the district attorney shall promptly apply to
  the appropriate criminal court, with written notice to  the  presentment
  agency and the respondent, for a written order pursuant to section three
  hundred  twenty-five  of  the  judiciary  law  releasing a transcript of
  testimony to the presentment agency;
    (b) a record of judgment of conviction of a  witness  the  presentment
  agency  intends  to  call  at the fact-finding hearing if such record is
  known by the presentment agency to exist;
    (c) the existence of any pending criminal action against a witness the
  presentment agency intends to call at the fact-finding hearing,  if  the
  pending criminal action is known by the presentment agency to exist.
    The  provisions  of  paragraphs  (b) and (c) shall not be construed to
  require the presentment agency to fingerprint  a  witness  or  otherwise
  cause the division of criminal justice services or other law enforcement
  agency or court to issue a report concerning a witness.
    2.  At  the  conclusion  of  the  presentment agency's direct case and
  before the commencement of the respondent's direct case, the  respondent
  shall,  subject to a protective order, make available to the presentment
  agency (a) any written or recorded statement made by a person other than
  the respondent whom the respondent intends to call as a witness  at  the
  fact-finding  hearing  and  which  relates  to the subject matter of the
  witness's testimony; (b)  a  record  of  judgment  of  conviction  of  a
  witness,  other than the respondent, the respondent intends to call at a
  hearing if the record of conviction is known by the respondent to exist;
  and (c) the existence of any pending criminal action against a  witness,
  other  than the respondent, the respondent intends to call at a hearing,
  if the pending criminal action is known by the respondent to exist.
    3. Subject to a protective order, at a pre-fact-finding  hearing  held
  upon a motion pursuant to section 330.2, at which a witness is called to
  testify,  each party at the conclusion of the direct examination of each
  of its witnesses, shall, upon request of the other party, make available
  to that party to the extent not previously disclosed:
    (a) any written or recorded statement, including any testimony  before
  a  grand  jury,  made  by  such witness other than the respondent, which
  relates to the subject matter of the witness's testimony.  When  such  a
  statement  includes  grand  jury testimony, the presentment agency shall
  request that the district attorney provide  a  transcript  of  testimony
  prior   to  the  commencement  of  the  pre-fact-finding  hearing;  upon
  receiving such a request, the district attorney shall promptly apply  to
  the  appropriate  criminal court, with written notice to the presentment
  agency and the respondent, for a written order pursuant to section three
  hundred twenty-five of the  judiciary  law  releasing  a  transcript  of
  testimony to the presentment agency;
    (b)  a  record  of a judgment of conviction of such witness other than
  the respondent if the record of conviction is known by  the  presentment
  agency or respondent, as the case may be, to exist; and
    (c)  the existence of any pending criminal action against such witness
  other than the respondent, if the pending criminal action  is  known  by
  the presentment agency or respondent, as the case may be, to exist.

  S 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.

  S 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.

  S 331.7. Discovery; demand and motion procedure. 1. If the respondent
  is in detention:
    (a) a demand to produce shall be made  within  seven  days  after  the
  conclusion of the initial appearance or prior to the commencement of the
  fact-finding  hearing,  whichever occurs sooner, unless the court grants
  an extension for good cause shown;
    (b) a refusal to comply with a demand to produce shall be made  within
  five  days  of  the service of the demand to produce, but for good cause
  may be made thereafter;
    (c) absent a refusal to comply with a demand  to  produce,  compliance
  with  such  demand shall be made within seven days of the service of the
  demand or as soon thereafter as practicable.  The  court,  however,  may
  order compliance within a shorter period of time.
    2. If the respondent is not in detention:
    (a)  a  demand  to produce shall be made within fifteen days after the
  conclusion of the initial appearance  unless  extended  for  good  cause
  shown,  but  in no event later than the commencement of the fact-finding
  hearing;
    (b) a refusal to comply with a demand to produce shall be made  within
  fifteen days of the service of the demand to produce, but for good cause
  may be made thereafter;
    (c)  absent  a  refusal to comply with a demand to produce, compliance
  with such demand shall be made within fifteen days of the service of the
  demand or as soon thereafter as practicable.
    3. If the respondent is not in detention, a motion by the  presentment
  agency  for  discovery  shall  be  made  within  thirty  days  after the
  conclusion of the initial appearance, but for good cause  shown  may  be
  made at any time before commencement of the fact-finding hearing. If the
  respondent  is  in  detention  such motion shall be made within fourteen
  days after the conclusion of the initial  appearance  or  prior  to  the
  commencement of the fact-finding hearing, whichever occurs sooner.
    4.  A motion by a respondent for discovery shall be made as prescribed
  in section 332.2.
    5. Where the interests of justice so require, the court may  permit  a
  party  to  a  motion for an order of discovery or a protective order, or
  other affected person, to submit papers or to testify  ex  parte  or  in
  camera.  Any  such  papers  and  transcripts  of such testimony shall be
  sealed, but shall  constitute  a  part  of  the  record  on  appeal.  If
  practical,  a  judge  who  receives  papers or testimony in camera shall
  refer the case to a different judge of the same court to preside at  the
  fact-finding hearing.

  S 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.

  S 332.2. Pre-trial  motions;  procedure.    1.  Except  as otherwise
  expressly provided in this article, all pre-trial motions shall be filed
  within thirty days after the conclusion of the  initial  appearance  and
  before   commencement  of  the  fact-finding  hearing,  or  within  such
  additional times as the court may fix upon application of the respondent
  made prior to entering a finding  pursuant  to  section  345.1.  If  the
  respondent   is   not  represented  by  counsel  and  has  requested  an
  adjournment to  retain  counsel  or  to  have  counsel  appointed,  such
  thirty-day  period  shall commence on the date counsel initially appears
  on the respondent's behalf. A motion made pursuant to subdivision  eight
  of   section  332.1  must  be  made  prior  to  the  commencement  of  a
  fact-finding hearing or the entry of an admission.
    2. All pre-trial motions  with  supporting  affidavits,  exhibits  and
  memoranda  of  law,  if  any,  shall  be included within the same set of
  motion papers wherever practicable, and shall be made returnable on  the
  same  date,  unless the respondent shows that it would be prejudicial to
  the defense were a single judge to consider all such motions. Where  one
  motion seeks to provide the basis for making another motion, it shall be
  deemed  impracticable  to include both motions in the same set of motion
  papers.
    3. Notwithstanding the provisions of subdivisions  one  and  two,  the
  court  must  entertain  and decide on its merits, at any time before the
  conclusion of the fact-finding hearing,  any  appropriate  motion  based
  upon grounds of which the respondent could not, with due diligence, have
  been  previously  aware,  or  which,  for  other  good  cause, could not
  reasonably have raised within the period specified in  subdivision  one.
  Any  other  pre-trial  motions  made after such thirty day period may be
  summarily denied, but the court, in the interest of justice and for good
  cause shown may, in its discretion, at any  time  before  a  finding  is
  entered, entertain and dispose of the motion on the merits.
    4.  If  the respondent is detained, the court shall hear and determine
  pre-trial motions on an expedited basis.

  S 335.1. Notice  of defense of mental disease or defect. Evidence of
  mental disease or defect of the respondent excluding his  responsibility
  under  this article is not admissible at the fact-finding hearing unless
  the respondent serves upon the presentment agency  and  files  with  the
  court  a  written  notice  of  intention to rely upon such defense. Such
  notice must be served and filed before the fact-finding hearing and  not
  more  than  thirty  days after the conclusion of the initial appearance,
  whichever is sooner. In the interest  of  justice  and  for  good  cause
  shown,  however, the court may permit such service and filing to be made
  at any later time prior to the conclusion of the fact-finding hearing.

  S 335.2. Notice  of alibi. 1. At any time not more than fifteen days
  after  the  conclusion  of  the  initial  appearance  and   before   the
  fact-finding   hearing   the  presentment  agency  may  serve  upon  the
  respondent and file a copy thereof with the court, a demand that if  the
  respondent intends to offer a defense that at the time of the commission
  of the crime charged he was at some place or places other than the scene
  of  the crime, and to call witnesses in support of such defense, he must
  within ten days of service of such demand, serve upon such  agency,  and
  file  a  copy thereof with the court, a "notice of alibi", reciting; (a)
  the place or places where the respondent claims to have been at the time
  in question, and (b) the names, the residential addresses, the places of
  employment and the addresses thereof of every such  alibi  witness  upon
  whom  he intends to rely. For good cause shown, the court may extend the
  period for service of the notice.
    2. Within a reasonable time after receipt of the respondent's  witness
  list  but  not  later than ten days before the fact-finding hearing, the
  presentment agency must serve  upon  the  respondent  and  file  a  copy
  thereof  with  the  court,  a  list of witnesses such agency proposes to
  offer in rebuttal to discredit  the  respondent's  alibi  at  the  trial
  together  with  the  residential addresses, the places of employment and
  the addresses thereof of any such rebuttal witnesses. A witness who will
  testify that the respondent was at the scene of the crime is not such an
  alibi rebuttal witness. For good cause shown, the court may  extend  the
  period for service.
    3.  If at the trial the respondent calls such an alibi witness without
  having served the demanded notice of alibi, or if having served  such  a
  notice  he  calls a witness not specified therein, the court may exclude
  any testimony of such witness relating to the alibi defense.  The  court
  may  in  its  discretion receive such testimony, but before doing so, it
  must, upon application of the presentment  agency,  grant  a  reasonable
  adjournment.
    4. Similarly, if the presentment agency fails to serve and file a list
  of  any  rebuttal  witnesses,  the provisions of subdivision three shall
  reciprocally apply.
    5. Both the respondent and the presentment agency  shall  be  under  a
  continuing  duty  to  promptly  disclose  the  names  and  addresses  of
  additional witnesses  which  come  to  the  attention  of  either  party
  subsequent to filing his witness list as provided in this section.

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Index | Article 1 | Article 2 | Article 3 | Article 4 | Article 5 | Article 5A | Article 5B | Article 6 | Article 7 | Article 8 | Article 9 | Article 10 | Article 10A | Article 10B | Article 10C | Article 11 | Article 12

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