22 CRR-NY 205.86NY-CRR
22 CRR-NY 205.86
22 CRR-NY 205.86
205.86 Video recording of interviews of children alleged to have been sexually abused.
(a) In any case in which, pursuant to section 1038(c) of the Family Court Act, a video recording is made of an expert's interview with a child alleged to have been sexually abused, the attorney for the party requesting the video recording, or the party, if unrepresented, shall promptly after the video recording has been completed:
(1) cause to be prepared a duplicate video recording, certified by the preparer as a complete and unaltered copy of the original video recording;
(2) deposit the original video recording, certified by the preparer as the original, with the clerk of the Family Court; and
(3) submit for signature to the judge before whom the case is pending a proposed order authorizing the retention of the duplicate video recording by the attorney, (or the party, if unrepresented) and directing that retention be in conformance with this section.
Both the original video recording and the duplicate thereof shall be labelled with the name of the case, the Family Court docket number, the name of the child, the name of the interviewer, the name and address of the technician who prepared the video recording, the date of the interview, and the total elapsed time of the video recording.
(b) Up receipt, the clerk shall hold the original video recording in a secure place limited to access only by authorized court personnel.
(c)
(1) Except as provided in paragraph (2) of this subdivision, the duplicate video recording shall remain in the custody of the attorney for the party who requested it, or the party, if not represented (the “custodian”).
(2) The duplicate video recording shall be available for pretrial disclosure pursuant to article 10 of the Family Court Act and any other applicable law.
Consistent therewith, the custodian shall permit an attorney for a party, or the party, if not represented by counsel, to borrow the duplicate video recording for a reasonable period of time so that it may be viewed, provided the person to whom it is loaned first certifies, by affidavit filed with the court, that he or she will comply with this subdivision.
(3) A person borrowing the duplicate video recording as provided in paragraph (2) of this subdivision shall not lend it or otherwise surrender custody thereof to any person other than the custodian, and upon returning such video recording to the custodian, such person shall certify, by affidavit filed with the court, that he or she has complied with the provisions of this subdivision.
(4) Subject to court order otherwise, the duplicate video recording may not be viewed by any person other than a party or his or her counsel or prospective expert witnesses. No copy of the duplicate video recording may be made.
(d) Failure to comply with the provisions of this rule shall be punishable by contempt of court.
22 CRR-NY 205.86
Current through August 31, 2021
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