N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.44 - Testimony by telephone, audio-visual or other electronic means in child support and paternity cases
(a) This section shall govern
applications for testimony to be taken by telephone, audio- visual means or
other electronic means in accordance with sections
433,
531-a and
580-316 of
the Family Court Act.
(b) A party or witness seeking to testify
by telephone, audio-visual means or other electronic means must complete an
application on the form officially promulgated by the Chief Administrator of
the Courts and set forth in Chapter IV of Subtitle D of this Title and, except
for good cause shown, must file such application with the court not less than
three days in advance of the hearing date. The applicant shall attempt to
arrange to provide such testimony at a designated tribunal or the child support
enforcement agency, as defined in the Federal Social Security Act (42 U.S.C.
title IV-D) in that party's state, or county if within the State. The court may
permit the testimony to be taken at any suitable location acceptable to the
court, including but not limited to, the party's or witness' counsel's office,
personal residence or place of business.
(c) The applicant must provide all
financial documentation ordered to be disclosed by the court pursuant to
section
424 or
580-316 of
the Family Court Act, as applicable, before he or she will be permitted to
testify by telephone, audio-visual means or other electronic means. The
financial documentation may be provided by personal delivery, mailing,
fascimile, telecopier or any other electronic means that is acceptable to the
court.
(d) The court
shall transmit a copy of its decision by mail, fascimile, telecopier, or
electronic means to the applicant and the parties. The court shall state its
reasons in writing for denying any request to appear by telephone, audio-visual
means or other electronic means.
Notes
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