Requires an expert witness file with the court a written report of his or her findings in certain family court proceedings

2 Co-sponsors

• Sandy Galef
• Amy Paulin

8 Multi-sponsors

• Jonathan Bing
• Dov Hikind
• Janele Hyer-Spencer
• David McDonough
• Annette Robinson
• Frank Skartados
• Darryl Towns
• Keith L.T. Wright

BILL NUMBER:A9371

Title of bill

An act to amend the family court act, in relation to the use of expert witness testimony in child custody and visitation hearings

Purpose or general idea of bill

This bill amends the family court act to have expert witnesses file a written copy of their findings along with raw data available to all parties involved in the action 30 days prior to the presentation of their testimony.

Summary of specific provisions

Section one amends Section 624 of the family court act by adding a new subdivision (a) which requires expert witnesses to file a written report, including copies of the report and the corresponding raw data 30 days prior to when they will be presenting their testimony. Copies of the report and raw data must also be forwarded to each party of the action. The court may waive any or all of the provisions upon a finding that such action would be impracticable.

Effects of present law which the bill will alter

This bill amends the family court act to have expert witnesses file a written report with their findings, including copies of the report and raw data 30 days prior to the date which they are expected to testify. Currently, in family court cases under article 6, witnesses are not mandated to submit their findings prior to their testimony.

Justification

Pursuant to the Supreme Court rules, a written report is to be filed 60 days prior to the date of hearing. The Family Court Act does not have such a requirement. In addition, neither the Domestic Relations Law nor the Family Court Act directly addresses the discovery issue of the attorneys obtaining the forensic expert witness file prior to their testifying. Obviously if an attorney is obtaining the file on the day the witness is testifying it does not allow a reasonable opportunity to review the records and certainly not to consult with an outside expert in preparation of the cross-examination. In addition, the underlying data often consists of not only the doctor's notes, but the raw scores of tests usually administered by a psychologist. This information should be discoverable, and in most jurisdictions outside of New York is discoverable in these types of proceedings.

Prior legislative history

A9785 of 2003-2004. A475 of 2005-2006. A1516/S5412 of 2005-2006. A3133 2009 (Bradley)

Fiscal implications for state and local governments

None.

Effective date

120 days after it has become a law.