New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
Part 205 - Uniform Rules For The Family Court
Section 205.44 - Testimony by telephone, audio-visual or other electronic means in child support and paternity cases
Current through Register Vol. 46, No. 12, March 20, 2024
(a) This section shall govern applications for testimony to be taken by telephone, audio- visual means or other electronic means in accordance with sections 433, 531-a and 580-316 of the Family Court Act.
(b) A party or witness seeking to testify by telephone, audio-visual means or other electronic means must complete an application on the form officially promulgated by the Chief Administrator of the Courts and set forth in Chapter IV of Subtitle D of this Title and, except for good cause shown, must file such application with the court not less than three days in advance of the hearing date. The applicant shall attempt to arrange to provide such testimony at a designated tribunal or the child support enforcement agency, as defined in the Federal Social Security Act (42 U.S.C. title IV-D) in that party's state, or county if within the State. The court may permit the testimony to be taken at any suitable location acceptable to the court, including but not limited to, the party's or witness' counsel's office, personal residence or place of business.
(c) The applicant must provide all financial documentation ordered to be disclosed by the court pursuant to section 424 or 580-316 of the Family Court Act, as applicable, before he or she will be permitted to testify by telephone, audio-visual means or other electronic means. The financial documentation may be provided by personal delivery, mailing, fascimile, telecopier or any other electronic means that is acceptable to the court.
(d) The court shall transmit a copy of its decision by mail, fascimile, telecopier, or electronic means to the applicant and the parties. The court shall state its reasons in writing for denying any request to appear by telephone, audio-visual means or other electronic means.
