§ 433 — Hearing

New York § 433

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 3: Hearing
• Art. 4: Support Proceedings

Text

§ 433. (a) Hearing. Upon the return of the summons or when a\nrespondent is brought before the court pursuant to a warrant, the court\nshall proceed to hear and determine the case. The respondent shall be\ninformed of the contents of the petition, advised of his right to\ncounsel, and shall be given opportunity to be heard and to present\nwitnesses. The court may exclude the public from the court room in a\nproper case.\n (b) If the initial return of a summons or warrant is before a judge of\nthe court, when support is an issue, the judge must make an immediate\norder, either temporary or permanent with regard to support. If a\ntemporary order is made, the court shall refer the issue of support to a\nsupport magistrate for final determination pursuant to sections four\nhundred thirty-nine and four hundred thirty-nine-a of this act.\nProcedures shall be established by the chief administrator of the courts\nwhich shall provide for the disposition of all support matters or a\nreferral to a support magistrate prior to the conclusion of a\nrespondent's first appearance before the court. Such procedures shall\nprovide for referral of support issues by appropriate clerical staff of\nthe family court at any time after a petition has been presented to the\ncourt.\n (c) In any proceeding under this article, the court may permit a party\nor a witness to be deposed or to testify by telephone, audio-visual\nmeans, or other electronic means at a designated family court or other\nlocation:\n (i) where such party or witness resides in a county other than that of\nthe family court where the case is pending and that of any contiguous\ncounty; provided, however, that for the purposes of this section, the\nfive counties of New York city shall be treated as one county;\n (ii) where such party or witness is presently incarcerated and will be\nincarcerated on the date on which the hearing or deposition is scheduled\nand is not expected to be released within a reasonable period of time\nafter the date on which the hearing or deposition is scheduled; or\n (iii) where the court determines that it would be an undue hardship\nfor such party or witness to testify or to be deposed at the family\ncourt where the case is pending.\n (d) Any such deposition or testimony taken by telephone, audio-visual\nmeans or other electronic means in accordance with subdivision (c) of\nthis section shall be recorded and preserved for transcription. Where a\nparty or witness is deposed or testifies by telephone, audio-visual or\nother electronic means pursuant to this section, documentary evidence\nreferred to by a party or witness or the court may be transmitted by\nfacsimile, telecopier, or other electronic means and may not be excluded\nfrom evidence by reason of an objection based on the means of\ntransmission. The chief administrator of the courts shall promulgate\nrules to facilitate the taking of testimony by telephone, audio-visual\nmeans or other electronic means.\n