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This entry was published on 2014-09-22
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SECTION 331.7
Discovery; demand and motion procedure
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 3
§ 331.7. Discovery; demand and motion procedure. 1. If the respondent
is in detention:

(a) a demand to produce shall be made within seven days after the
conclusion of the initial appearance or prior to the commencement of the
fact-finding hearing, whichever occurs sooner, unless the court grants
an extension for good cause shown;

(b) a refusal to comply with a demand to produce shall be made within
five days of the service of the demand to produce, but for good cause
may be made thereafter;

(c) absent a refusal to comply with a demand to produce, compliance
with such demand shall be made within seven days of the service of the
demand or as soon thereafter as practicable. The court, however, may
order compliance within a shorter period of time.

2. If the respondent is not in detention:

(a) a demand to produce shall be made within fifteen days after the
conclusion of the initial appearance unless extended for good cause
shown, but in no event later than the commencement of the fact-finding
hearing;

(b) a refusal to comply with a demand to produce shall be made within
fifteen days of the service of the demand to produce, but for good cause
may be made thereafter;

(c) absent a refusal to comply with a demand to produce, compliance
with such demand shall be made within fifteen days of the service of the
demand or as soon thereafter as practicable.

3. If the respondent is not in detention, a motion by the presentment
agency for discovery shall be made within thirty days after the
conclusion of the initial appearance, but for good cause shown may be
made at any time before commencement of the fact-finding hearing. If the
respondent is in detention such motion shall be made within fourteen
days after the conclusion of the initial appearance or prior to the
commencement of the fact-finding hearing, whichever occurs sooner.

4. A motion by a respondent for discovery shall be made as prescribed
in section 332.2.

5. Where the interests of justice so require, the court may permit a
party to a motion for an order of discovery or a protective order, or
other affected person, to submit papers or to testify ex parte or in
camera. Any such papers and transcripts of such testimony shall be
sealed, but shall constitute a part of the record on appeal. If
practical, a judge who receives papers or testimony in camera shall
refer the case to a different judge of the same court to preside at the
fact-finding hearing.