OCA Offers 3 Options for Access to Reports

, New York Law Journal


As if to underscore the difficulty in forging consensus on who should have access to forensic evaluations reports in child custody matters, and under what conditions, the Office of Court Administration yesterday advanced three competing proposals and is seeking bar input on which to adopt.

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What's being said

  • Mace H. Greenfield

    All attorneys must be given a complete copy of the forensic reports in Supreme Court & Family Court. All orders for a forensic report should specify to preserve and retain any and all notes, data, test results, any and all other materials and items reviewed by the expert, and electronic recordings made by the expert or used by the expert in his or her forensic evaluation of the parties and the children until the end of the trial or settlement of the case and that all the above mentioned materials are to be brought to court by the forensic expert for trial and an opportunity to review all the above mentioned materials be given all attorneys (or their staff or retained expert) at the forensic expert’s office prior to trial. All clients must be permitted to read it in full and take notes. If a litigant is pro se, he or she must be given a report as is any attorney to be able to meet with a different expert if necessary or consult with anyone he or she feels necessary to prepare for cross examination. The Court can require the pro se litigant to not make copies and to return the report to court after settlement or trial unless an appeal is filed, then after appeal is perfected. Anything less prevents a full and complete opportunity to the constitutional right to confrontation and cross-examination.

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