§ 2-29 Discovery.

   (a)   Policy. Although strict compliance with the provisions of Article 31 of the Civil Practice Law and Rules is not required, the principles of that article may be applied to ensure orderly and expeditious preparation of cases for trial.

   (b)   Scope of discovery. 

      (1)   With the exception of the substance of any oral or written communications made by and between a complainant or complainant's attorney and the petitioner subsequent to a determination that probable cause exists, the materials contained in the petitioner's investigatory file must be available as of right to any party for inspection and copying subsequent to docketing at OATH upon reasonable notice, unless a default has been entered against that party by the administrative law judge.

      (2)   In the absence of an agreement by the parties, the number of interrogatories, including subparts, is limited to fifteen. The administrative law judge may permit additional interrogatories upon application for good cause shown.

      (3)   Any party may take the deposition of any other party as of right. Other depositions may be taken only upon leave of the administrative law judge for good cause shown. No person may be deposed by the party conducting the examination for a period aggregating more than seven hours except upon consent of all parties or leave of the administrative law judge for good cause shown. Deposition testimony may be recorded by a stenographer or by videotape or audiotape recording, at the option of the party conducting the deposition. The cost of the recording and transcription of deposition testimony must be borne by the party conducting the deposition.

   (c)   Sanctions. Failure to comply with or object to a discovery request in a timely fashion as provided by 48 RCNY § 1-33 may result in the imposition of sanctions as appropriate, including those specified in 48 RCNY § 1-33(d)(3).

(Amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 8/20/2021, eff. 9/19/2021)

§ 2-30 Interlocutory Review.

   (a)   Within five days after issuance of any interlocutory order or decision, a party may move for certification by the administrative law judge that such order or decision may be submitted, in whole or in specified part, for review by the chair of the Commission. If the party moving for certification seeks a stay of proceedings, in whole or in part, pending completion of the interlocutory review, the motion for certification must include a statement as to why the failure to grant the requested stay would materially prejudice the party. Certification may also be made, and a stay may be ordered, by the administrative law judge on his or her own motion.

   (b)   As provided by the Commission's rules (47 RCNY § 1-63), failure of a party to seek interlocutory review of a decision or order does not preclude that party from making such challenge to the Commission in connection with the Commission's review of a report and recommendation in a case, provided that the party timely made its objection known to the administrative law judge and that the grounds for such challenge must be limited to those set forth to the administrative law judge.

(Amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 8/20/2021, eff. 9/19/2021)

§ 2-31 Proceedings After Issuance of Report and Recommendation.

   Proceedings following issuance by the administrative law judge of the report and recommendation in the case are governed by the Commission's rules (47 RCNY §§ 1-66 to 1-69, and 47 RCNY Subchapters I and J).

(Amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 6/7/2022, eff. 7/7/2022)

Subchapter D: Rules for Post-Seizure Review of Impoundment of Vehicles

§ 2-41 Applicability.

   This subchapter applies solely to cases brought to determine the validity of post-seizure retention of vehicles by the Police Department as evidence or for prospective or pending actions to forfeit such vehicles pursuant to § 14-140 of the New York City Administrative Code. Chapter 1 of this title also applies to such cases except to the extent that it is inconsistent with this subchapter or with Krimstock v. Kelly, 99 Civ. 12041 (MBM), order and judgment (S.D.N.Y. Jan. 5, 2004), and any amendments, modifications and revisions thereof.

(Amended City Record 7/8/2016, eff. 8/7/2016)

§ 2-42 Parties.

   For purposes of this subchapter, the Police Department will be the petitioner, and the claimant to the vehicle will be the respondent, as defined in 48 RCNY § 1-01.

(Amended City Record 7/8/2016, eff. 8/7/2016)

§ 2-43 Pleadings.

   (a)   The time provided in 48 RCNY § 1-26(d) for service of the notice of trial does not apply.

   (b)   Notwithstanding 48 RCNY § 1-24, the respondent may serve and file an answer at any time until the commencement of the hearing.

(Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016)