Testimony by telephone, audio-visual means or other electronic means

§ 531-a. Testimony by telephone, audio-visual means or other
electronic means. (a) In any proceeding under this article, the court
may permit a party or a witness to be deposed or to testify by
telephone, audio-visual means, or other electronic means at a designated
family court or other location:

(i) where such party or witness resides in a county other than that of
the family court where the case is pending and that of any contiguous
county; provided, however, that for the purposes of this section, the
five counties of New York city shall be treated as one county;

(ii) where such party or witness is presently incarcerated and will be
incarcerated on the date on which the hearing or deposition is scheduled
and is not expected to be released within a reasonable period of time
after the date on which the hearing is scheduled; or

(iii) where the court determines that it would be an undue hardship
for such party or witness to testify or to be deposed at the family
court where the case is pending.

(b) Any such deposition or testimony taken by telephone, audio-visual
means or other electronic means in accordance with subdivision (a) of
this section shall be recorded and preserved for transcription. Where a
party or witness is deposed or testifies by telephone, audio-visual or
other electronic means pursuant to this section, documentary evidence
referred to by a party or witness or the court may be transmitted by
facsimile, telecopier, or other electronic means and may not be excluded
from evidence by reason of an objection based on the means of
transmission. The chief administrator of the courts shall promulgate
rules to facilitate the taking of testimony by telephone, audio-visual
means or other electronic means.