Discovery; sanctions; fees

* § 240.70 Discovery; sanctions; fees.

1. If, during the course of discovery proceedings, the court finds
that a party has failed to comply with any of the provisions of this
article, the court may order such party to permit discovery of the
property not previously disclosed, grant a continuance, issue a
protective order, prohibit the introduction of certain evidence or the
calling of certain witnesses or take any other appropriate action.

2. The failure of the prosecution to call as a witness a person
specified in subdivision one of section 240.20 of this article or of any
party to introduce disclosed material at the trial shall not, by itself,
constitute grounds for any sanction or for adverse comment thereupon by
any party in summation to the jury or at any other point.

3. A fee for copies of records required to be disclosed may be
charged. Such fee shall not exceed twenty-five cents per photocopy not
in excess of nine inches by fourteen inches, or the actual cost of
reproducing any other record, except when a different fee is otherwise
prescribed by law.

* NB Repealed January 1, 2020