How Evidence Gets Requested — Discovery in Family Court
This guide is about New York Family Court. Other states run on different rules.
Television shows both sides automatically trading all their evidence. New York Family Court does not work that way.
Discovery is not automatic
In New York Family Court, discovery generally needs the court's permission. This is especially true in custody matters. You do not get an automatic exchange like in other states' civil courts.
Child protective cases are different
FCA 1038 governs "records and discovery involving abuse and neglect." It applies to Article 10 child protective proceedings. It is not the general discovery rule for Family Court.
Responding to a subpoena
You may be served with a notice or subpoena duces tecum under CPLR 3120 or 3121. If you object, CPLR 3122(a)(1) sets a deadline. You must serve your response within twenty days of service.
Ask at the conference
Discovery schedules in Family Court are often set at the conference. The conference is where a case's schedule gets made. Under 22 NYCRR 205.12(b)(1), completion of discovery is one matter a conference can address. Ask the court directly what your case's discovery schedule is.
Sources
- FCA 1038 — records and discovery in Article 10 child protective proceedings.
- CPLR 3122(a)(1) — twenty days to respond to an objection to a discovery notice or subpoena.
- 22 NYCRR 205.12 — discovery as a matter the conference can address.
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