New York FCT Code § 332.2

Pre-trial motions; procedure
Open in Lexace · Ask the AI about this section
§ 332.2. Pre-trial motions; procedure.  1. Except as otherwise\nexpressly provided in this article, all pre-trial motions shall be filed\nwithin thirty days after the conclusion of the initial appearance and\nbefore commencement of the fact-finding hearing, or within such\nadditional times as the court may fix upon application of the respondent\nmade prior to entering a finding pursuant to section 345.1. If the\nrespondent is not represented by counsel and has requested an\nadjournment to retain counsel or to have counsel appointed, such\nthirty-day period shall commence on the date counsel initially appears\non the respondent's behalf. A motion made pursuant to subdivision eight\nof section 332.1 must be made prior to the commencement of a\nfact-finding hearing or the entry of an admission.\n  2. All pre-trial motions with supporting affidavits, exhibits and\nmemoranda of law, if any, shall be included within the same set of\nmotion papers wherever practicable, and shall be made returnable on the\nsame date, unless the respondent shows that it would be prejudicial to\nthe defense were a single judge to consider all such motions. Where one\nmotion seeks to provide the basis for making another motion, it shall be\ndeemed impracticable to include both motions in the same set of motion\npapers.\n  3. Notwithstanding the provisions of subdivisions one and two, the\ncourt must entertain and decide on its merits, at any time before the\nconclusion of the fact-finding hearing, any appropriate motion based\nupon grounds of which the respondent could not, with due diligence, have\nbeen previously aware, or which, for other good cause, could not\nreasonably have raised within the period specified in subdivision one.\nAny other pre-trial motions made after such thirty day period may be\nsummarily denied, but the court, in the interest of justice and for good\ncause shown may, in its discretion, at any time before a finding is\nentered, entertain and dispose of the motion on the merits.\n  4. If the respondent is detained, the court shall hear and determine\npre-trial motions on an expedited basis.\n

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.