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This entry was published on 2014-09-22
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SECTION 331.5
Discovery; protective orders, continuing duty to disclose
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 3
§ 331.5. Discovery; protective orders, continuing duty to disclose. 1.
The court may, upon motion of either party, or of any affected person,
or upon determination of a motion of either party for an order of
discovery, or upon its own initiative, issue a protective order denying,
limiting, conditioning, delaying or regulating discovery for good cause,
including constitutional limitations, danger to the integrity of
physical evidence or a substantial risk of physical harm, intimidation,
economic reprisal, bribery or unjustified annoyance or embarrassment to
any person or an adverse effect upon the legitimate needs of law
enforcement, including the protection of the confidentiality of
informants, or any other factor or set of factors which outweighs the
usefulness of the discovery.

2. An order limiting, conditioning, delaying or regulating discovery
may, among other things, require that any material copied or derived
therefrom be maintained in the exclusive possession of the attorney for
the discovering party and be used for the exclusive purpose of preparing
for the defense or presentment of the action.

3. A motion for a protective order shall suspend discovery of the
particular matter in dispute.

4. If, after complying with the provisions of sections 331.2 through
331.7 or an order pursuant thereto, a party finds, either before or
during the fact-finding hearing, additional material subject to
discovery or covered by such order, he shall promptly comply with the
demand or order, refuse to comply with the demand where refusal is
authorized, or apply for a protective order pursuant to this section.