(a) In
any case in which, pursuant to section
1038
(c) of the Family Court Act, a video
recording is made of an expert's interview with a child alleged to have been
sexually abused, the attorney for the party requesting the video recording, or
the party, if unrepresented, shall promptly after the video recording has been
completed:
(1) cause to be
prepared a duplicate video recording, certified by the preparer as a complete
and unaltered copy of the original video recording;
(2) deposit the original video
recording, certified by the preparer as the original, with the clerk of the
Family Court; and
(3)
submit for signature to the judge before whom the case is pending a proposed
order authorizing the retention of the duplicate video recording by the
attorney, (or the party, if unrepresented) and directing that retention be in
conformance with this section.
Both the original video recording and the
duplicate thereof shall be labelled with the name of the case, the Family Court
docket number, the name of the child, the name of the interviewer, the name and
address of the technician who prepared the video recording, the date of the
interview, and the total elapsed time of the video recording.
(b) Up receipt, the
clerk shall hold the original video recording in a secure place limited to
access only by authorized court personnel.
(c)
(1) Except as provided in paragraph (2)
of this subdivision, the duplicate video recording shall remain in the custody
of the attorney for the party who requested it, or the party, if not
represented (the "custodian").
(2) The duplicate video recording shall
be available for pretrial disclosure pursuant to article 10 of the Family Court
Act and any other applicable law.
Consistent therewith, the custodian shall
permit an attorney for a party, or the party, if not represented by counsel, to
borrow the duplicate video recording for a reasonable period of time so that it
may be viewed, provided the person to whom it is loaned first certifies, by
affidavit filed with the court, that he or she will comply with this
subdivision.
(3) A person borrowing the duplicate
video recording as provided in paragraph (2) of this subdivision shall not lend
it or otherwise surrender custody thereof to any person other than the
custodian, and upon returning such video recording to the custodian, such
person shall certify, by affidavit filed with the court, that he or she has
complied with the provisions of this subdivision.
(4) Subject to court order
otherwise, the duplicate video recording may not be viewed by any person other
than a party or his or her counsel or prospective expert witnesses. No copy of
the duplicate video recording may be made.
(d) Failure to comply with the
provisions of this rule shall be punishable by contempt of court.