§ 531-A — Testimony by telephone, audio-visual means or other electronic means

§ 531-a. Testimony by telephone, audio-visual means or other\nelectronic means. (a) In any proceeding under this article, the court\nmay permit a party or a witness to be deposed or to testify by\ntelephone, audio-visual means, or other electronic means at a designated\nfamily court or other location:\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 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 (b) Any such deposition or testimony taken by telephone, audio-visual\nmeans or other electronic means in accordance with subdivision (a) 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