Section 331.7. Discovery; demand and motion procedure  


Latest version.
  • 1. If the respondent
      is in detention:
        (a) a demand to produce shall be made  within  seven  days  after  the
      conclusion of the initial appearance or prior to the commencement of the
      fact-finding  hearing,  whichever occurs sooner, unless the court grants
      an extension for good cause shown;
        (b) a refusal to comply with a demand to produce shall be made  within
      five  days  of  the service of the demand to produce, but for good cause
      may be made thereafter;
        (c) absent a refusal to comply with a demand  to  produce,  compliance
      with  such  demand shall be made within seven days of the service of the
      demand or as soon thereafter as practicable.  The  court,  however,  may
      order compliance within a shorter period of time.
        2. If the respondent is not in detention:
        (a)  a  demand  to produce shall be made within fifteen days after the
      conclusion of the initial appearance  unless  extended  for  good  cause
      shown,  but  in no event later than the commencement of the fact-finding
      hearing;
        (b) a refusal to comply with a demand to produce shall be made  within
      fifteen days of the service of the demand to produce, but for good cause
      may be made thereafter;
        (c)  absent  a  refusal to comply with a demand to produce, compliance
      with such demand shall be made within fifteen days of the service of the
      demand or as soon thereafter as practicable.
        3. If the respondent is not in detention, a motion by the  presentment
      agency  for  discovery  shall  be  made  within  thirty  days  after the
      conclusion of the initial appearance, but for good cause  shown  may  be
      made at any time before commencement of the fact-finding hearing. If the
      respondent  is  in  detention  such motion shall be made within fourteen
      days after the conclusion of the initial  appearance  or  prior  to  the
      commencement of the fact-finding hearing, whichever occurs sooner.
        4.  A motion by a respondent for discovery shall be made as prescribed
      in section 332.2.
        5. Where the interests of justice so require, the court may  permit  a
      party  to  a  motion for an order of discovery or a protective order, or
      other affected person, to submit papers or to testify  ex  parte  or  in
      camera.  Any  such  papers  and  transcripts  of such testimony shall be
      sealed, but shall  constitute  a  part  of  the  record  on  appeal.  If
      practical,  a  judge  who  receives  papers or testimony in camera shall
      refer the case to a different judge of the same court to preside at  the
      fact-finding hearing.