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New York Family Court - Part 3 - § 531-A Testimony by Telephone, Audio-visual Means or Other Electronic Means

Legal Research Home > New York Laws > Family Court > New York Family Court - Part 3 - § 531-A Testimony by Telephone, Audio-visual Means or Other Electronic Means


Family Court 
 
    §   531-a.   Testimony  by  telephone,  audio-visual  means  or  other
  electronic means. (a) In any proceeding under this  article,  the  court
  may  permit  a  party  or  a  witness  to  be  deposed  or to testify by
  telephone, audio-visual means, or other electronic means at a designated
  family court or other location:
    (i) where such party or witness resides in a county other than that of
  the family court where the case is pending and that  of  any  contiguous
  county;  provided,  however,  that for the purposes of this section, the
  five counties of New York city shall be treated as one county;
    (ii) where such party or witness is presently incarcerated and will be
  incarcerated on the date on which the hearing or deposition is scheduled
  and is not expected to be released within a reasonable  period  of  time
  after the date on which the hearing is scheduled; or
    (iii)  where  the  court determines that it would be an undue hardship
  for such party or witness to testify or to  be  deposed  at  the  family
  court where the case is pending.
    (b)  Any such deposition or testimony taken by telephone, audio-visual
  means or other electronic means in accordance with  subdivision  (a)  of
  this  section shall be recorded and preserved for transcription. Where a
  party or witness is deposed or testifies by telephone,  audio-visual  or
  other  electronic  means  pursuant to this section, documentary evidence
  referred to by a party or witness or the court  may  be  transmitted  by
  facsimile, telecopier, or other electronic means and may not be excluded
  from  evidence  by  reason  of  an  objection  based  on  the  means  of
  transmission. The chief administrator of  the  courts  shall  promulgate
  rules  to  facilitate the taking of testimony by telephone, audio-visual
  means or other electronic means.
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Last modified: February 16, 2014