STATE OF NEW YORK
________________________________________________________________________
6579--A
2017-2018 Regular Sessions
IN SENATE
June 5, 2017
___________
Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis-
tration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules -- recommitted to the Committee on
Children and Families in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the domestic relations law and the family court act, in
relation to child custody forensic reports
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 70 of the domestic relations law is amended by
2 adding a new subdivision (c) to read as follows:
3 (c) Where a court order is issued for an evaluation or investigation
4 of the parties or a child by a forensic mental health professional in a
5 custody or visitation proceeding, other than by a probation service, a
6 child protective service or any other person authorized by statute,
7 appointed by the court to assist with the determination of child custody
8 or visitation pursuant to this article, hereinafter referred to for
9 purposes of this subdivision as "court ordered evaluators", then for
10 purposes of such court ordered forensic evaluations and investigations:
11 (1) The court will determine which party is responsible for payment of
12 the fee of the court ordered evaluator, or in what proportions payment
13 of the fee of the court ordered evaluator will be shared between the
14 parties, or otherwise paid on behalf of a party or parties, if applica-
15 ble. Any report or evaluation prepared by the court ordered evaluator,
16 to be known as a "forensic report" for the purposes of this subdivision,
17 shall be confidential and kept under seal except that all attorneys and
18 the attorney for the child shall have a right to receive a copy of any
19 such forensic report upon receipt of such a report by the court,
20 provided that they execute an affidavit acknowledging that they will not
21 give a copy of the report or the evaluator's file as provided for under
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09905-04-8
S. 6579--A 2
1 paragraph two of this subdivision to a party or further disseminate the
2 report or said file except as otherwise expressly permitted under this
3 subdivision without the consent of the court, and will return the report
4 and file to the court upon conclusion of the litigation, subject to the
5 provisions of section three thousand one hundred three of the civil
6 practice law and rules. Provided, however, in no event shall a party or
7 his or her counsel be prevented from access to or review of a forensic
8 report in advance of and during trial. Any conditions or limitations
9 imposed by the court pursuant to this subdivision relating to disclosure
10 of the forensic report shall accommodate for language access and disa-
11 bility, except that no party to the action shall be permitted to have a
12 copy of the report or to reproduce or disseminate all or any portion
13 thereof. If a party is self-represented, the court shall make reasonable
14 accommodations for the self-represented party to review said report at a
15 court or other location, and to make notes about the report; and if a
16 party is represented, the party shall have a right to read the forensic
17 report in his or her attorney's office, to discuss the report with the
18 attorney representing him or her in the action, and to make notes about
19 the report. Upon application by counsel or a self-represented litigant,
20 the court shall permit a copy of the forensic report and a copy of the
21 court ordered evaluator's files as provided for under paragraph two of
22 this subdivision to be provided to any independent licensed forensic
23 evaluator retained to assist counsel or a self-represented litigant,
24 provided that the independent licensed forensic evaluator executes an
25 affidavit acknowledging that he or she may not further disseminate the
26 report or the files absent court permission, and will return the report
27 and the files to the court at the conclusion of the litigation, subject
28 to the provisions of section three thousand one hundred three of the
29 civil practice law and rules; and
30 (2) The court order appointing said evaluators shall provide to a
31 party's attorney or the attorney for the child the entire file related
32 to the proceeding including but not limited to, all underlying notes,
33 test data, raw test materials, underlying materials provided to or
34 relied upon by the court ordered evaluator and any records, photographs
35 or other evidence for inspection and photocopying, subject to the
36 provisions of section three thousand one hundred three of the civil
37 practice law and rules; except if an individual is self-represented, the
38 court shall make reasonable accommodations for the self-represented
39 party to review said entire file, including, without limitation, every-
40 thing that a party's attorney or the attorney for the child is entitled
41 to review as described above, at a court or other location and forward
42 those items to that location for inspection and note taking, but not for
43 photocopying or photographing or scanning; and
44 (3) A willful failure to comply with a court order conditioning or
45 limiting access to a forensic report, or a willful violation of the
46 provisions of this subdivision regarding dissemination of the forensic
47 report or the evaluator's file or of an affidavit executed with respect
48 thereto, shall be contempt of court and may be punishable as such as
49 provided under section seven hundred fifty or seven hundred fifty-three
50 of the judiciary law, as the case may be. The court shall notify the
51 parties and counsel on the record that a willful failure to comply with
52 the court order or the provisions of this subdivision regarding dissem-
53 ination of the forensic report or the evaluator's file or of an affida-
54 vit executed with respect thereto shall be contempt of court which may
55 include punishment of a fine or imprisonment or both; and the court
56 shall retain jurisdiction for the purposes of determining any applica-
S. 6579--A 3
1 tion for contempt based on a willful failure to comply with a court
2 order or a willful violation of the provisions of this subdivision
3 regarding dissemination of the forensic report or the evaluator's file
4 or of an affidavit executed with respect thereto; and a party may seek
5 counsel fees to enforce or defend said application for contempt pursuant
6 to section seven hundred fifty or seven hundred fifty-three of the judi-
7 ciary law, as the case may be; and
8 (4) In the discretion of the court, or upon stipulation of the
9 parties, written reports may be used to substitute for direct testimony
10 at the trial, but the reports shall be submitted by the expert under
11 oath, and the expert shall be present and available for cross-examina-
12 tion. The court shall determine who is responsible for the payment of
13 any fees for said appearance or appearances by the expert; and
14 (5) The chief administrator of the courts may adopt rules authorizing
15 a court, in particular cases where a party does not raise a legally-val-
16 id objection thereto, to read or review a forensic report at one or more
17 of the following times as the rules shall permit:
18 (i) before the report is received in evidence at a trial or at a hear-
19 ing;
20 (ii) at the commencement of a trial or a hearing;
21 (iii) before accepting an agreement between the parties to its deter-
22 mination concerning child custody or visitation; or
23 (iv) at any other time if:
24 (A) agreed to by the parties and their counsel in a written stipu-
25 lation submitted to the court or in an agreement on the record in open
26 court; or
27 (B) permitted by the court upon application thereto showing good cause
28 therefor; and
29 (6) No forensic report or any portion or portions thereof shall be
30 attached to, or quoted in, any motions, pleadings or other documents by
31 counsel or a party.
32 § 2. Subdivision 1 of section 240 of the domestic relations law is
33 amended by adding a new paragraph (a-3) to read as follows:
34 (a-3) Court ordered forensic evaluations in proceedings involving
35 child custody and visitation. Where a court order is issued for an eval-
36 uation or investigation of the parties or a child by a forensic mental
37 health professional in a custody or visitation proceeding, other than by
38 a probation service, a child protective service or any other person
39 authorized by statute, appointed by the court to assist with the deter-
40 mination of child custody or visitation pursuant to this paragraph,
41 hereinafter referred to for purposes of this paragraph as "court ordered
42 evaluators", then for purposes of such court ordered forensic evalu-
43 ations and investigations:
44 (1) The court will determine which party is responsible for payment of
45 the fee of the court ordered evaluator, or in what proportions payment
46 of the fee of the court ordered evaluator will be shared between the
47 parties, or otherwise paid on behalf of a party or parties, if applica-
48 ble. Any report or evaluation prepared by the court ordered evaluator,
49 to be known as a "forensic report" for the purposes of this paragraph,
50 shall be confidential and kept under seal except that all attorneys and
51 the attorney for the child shall have a right to receive a copy of any
52 such forensic report upon receipt of such a report by the court,
53 provided that they execute an affidavit acknowledging that they will not
54 give a copy of the report or the evaluator's file as provided for under
55 subparagraph two of this paragraph to a party or further disseminate the
56 report or said file except as otherwise expressly permitted under this
S. 6579--A 4
1 paragraph without the consent of the court, and will return the report
2 and file to the court upon conclusion of the litigation, subject to the
3 provisions of section three thousand one hundred three of the civil
4 practice law and rules. Provided, however, in no event shall a party or
5 his or her counsel be prevented from access to or review of a forensic
6 report in advance of and during the trial. Any conditions or limitations
7 imposed by the court pursuant to this paragraph relating to disclosure
8 of the forensic report shall accommodate for language access and disa-
9 bility, except that no party to the action shall be permitted to have a
10 copy of the report or to reproduce or disseminate all or any portion
11 thereof. If a party is self-represented, the court shall make reasonable
12 accommodations for the self-represented party to review and report at a
13 court or other location, and to make notes about the report; and if a
14 party is represented, the party shall have a right to read the forensic
15 report in his or her attorney's office, to discuss the report with the
16 attorney representing him or her in the action, and to make notes about
17 the report. Upon application by counsel or a self-represented litigant,
18 the court shall permit a copy of the forensic report and a copy of the
19 court ordered evaluator's files as provided for under subparagraph two
20 of this paragraph to be provided to any independent licensed forensic
21 evaluator retained to assist counsel or a self-represented litigant,
22 provided that the independent licensed forensic evaluator executes an
23 affidavit acknowledging that he or she may not further disseminate the
24 report or the files absent court permission, and will return the report
25 and the files to the court at the conclusion of the litigation, subject
26 to the provisions of section three thousand one hundred three of the
27 civil practice law and rules; and
28 (2) The court order appointing said evaluator shall provide to a
29 party's attorney or the attorney for the child the entire file related
30 to the proceeding including but not limited to, all underlying notes,
31 test data, raw test materials, underlying materials provided to or
32 relied upon by the court ordered evaluator and any records, photographs
33 or other evidence for inspection and photocopying, subject to the
34 provisions of section three thousand one hundred three of the civil
35 practice law and rules; except if an individual is self-represented, the
36 court shall make reasonable accommodations for the self-represented
37 party to review said entire file, including, without limitation, every-
38 thing that a party's attorney or the attorney for the child is entitled
39 to review as described above, at a court or other location and forward
40 those items to that location for inspection and note taking, but not for
41 photocopying or photographing or scanning; and
42 (3) A willful failure to comply with a court order conditioning or
43 limiting access to a forensic report or a willful violation of the
44 provisions of this paragraph regarding dissemination of the forensic
45 report or the evaluator's file or of an affidavit executed with respect
46 thereto, shall be contempt of court and may be punishable as such as
47 provided under section seven hundred fifty or seven hundred fifty-three
48 of the judiciary law as the case may be. The court shall notify the
49 parties and counsel on the record that a willful failure to comply with
50 the court order or the provisions of this paragraph regarding dissem-
51 ination of the forensic report or the evaluator's file or of an affida-
52 vit executed with respect thereto shall be contempt of court which may
53 include punishment of a fine or imprisonment or both; and the court
54 shall retain jurisdiction for the purposes of determining any applica-
55 tion for contempt based on a willful failure to comply with a court
56 order or a willful violation of the provisions of this paragraph regard-
S. 6579--A 5
1 ing dissemination of the forensic report or the evaluator's file or of
2 an affidavit executed with respect thereto; and a party may seek counsel
3 fees to enforce or defend said application for contempt pursuant to
4 section seven hundred fifty or seven hundred fifty-three of the judici-
5 ary law as the case may be; and
6 (4) In the discretion of the court, or upon stipulation of the
7 parties, written reports may be used to substitute for direct testimony
8 at the trial, but the reports shall be submitted by the expert under
9 oath, and the expert shall be present and available for cross-examina-
10 tion. The court shall determine who is responsible for the payment of
11 any fees for said appearance or appearances by the expert; and
12 (5) The chief administrator of the courts may adopt rules authorizing
13 a court, in particular cases where a party does not raise a legally-val-
14 id objection thereto, to read or review a forensic report at one or more
15 of the following times as the rules shall permit:
16 (i) before the report is received in evidence at a trial or at a hear-
17 ing;
18 (ii) at the commencement of a trial or a hearing;
19 (iii) before accepting an agreement between the parties to its deter-
20 mination concerning child custody or visitation; or
21 (iv) at any other time if:
22 (A) agreed to by the parties and their counsel in a written stipu-
23 lation submitted to the court or in an agreement on the record in open
24 court; or
25 (B) permitted by the court upon application thereto showing good cause
26 therefor; and
27 (6) No forensic report or any portion or portions thereof shall be
28 attached to, or quoted in, any motions, pleadings or other documents by
29 counsel or a party.
30 § 3. Subdivision (c) of section 251 of the family court act is relet-
31 tered subdivision (d) and a new subdivision (c) is added to read as
32 follows:
33 (c) Notwithstanding the provisions of this section to the contrary,
34 where a court order is issued for an evaluation or investigation of the
35 parties or a child by a forensic mental health professional in a custody
36 or visitation proceeding, other than by a probation service, a child
37 protective service or any other person authorized by statute, appointed
38 by the court to assist with the determination of child custody or visi-
39 tation pursuant to article four or six of this act, hereinafter referred
40 to for purposes of this subdivision as "court ordered evaluators", then
41 for purposes of such court ordered forensic evaluations and investi-
42 gations:
43 (1) Notwithstanding section one hundred sixty-five of this act and
44 section four hundred eight of the civil practice law and rules, the
45 provisions and limitations of sections three thousand one hundred one
46 and three thousand one hundred three of the civil practice law and rules
47 shall apply; and
48 (2) The court will determine which party is responsible for payment of
49 the fee of the court ordered evaluator, or in what proportions payment
50 of the fee of the court ordered evaluator will be shared between the
51 parties, or otherwise paid on behalf of a party or parties, if applica-
52 ble. Any report or evaluation prepared by the court ordered evaluator,
53 to be known as a "forensic report" for the purposes of this subdivision,
54 shall be confidential and kept under seal except that all attorneys and
55 the attorney for the child shall have a right to receive a copy of any
56 such forensic report upon receipt of such a report by the court,
S. 6579--A 6
1 provided that they execute an affidavit acknowledging that they will not
2 give a copy of the report or the evaluator's file as provided for under
3 paragraph three of this subdivision to a party or further disseminate
4 the report or said file, except as otherwise expressly permitted under
5 this subdivision without the consent of the court, and will return the
6 report and file to the court upon conclusion of the litigation, subject
7 to the provisions of section three thousand one hundred three of the
8 civil practice law and rules. Provided, however, in no event shall a
9 party or his or her counsel be prevented from access to or review of a
10 forensic report in advance of and during trial. Any conditions or limi-
11 tations imposed by the court pursuant to this subdivision relating to
12 disclosure of the forensic report shall accommodate for language access
13 and disability, except that no party to the action shall be permitted to
14 have a copy of the report or to reproduce or disseminate all or any
15 portion thereof. If a party is self-represented, the court shall make
16 reasonable accommodations for the self-represented party to review said
17 report at a court or other location, and to make notes about the report;
18 and if a party is represented, the party shall have a right to read the
19 forensic report in his or her attorney's office, to discuss the report
20 with the attorney representing him or her in the action, and to make
21 notes about the report. Upon application by counsel or a self-represent-
22 ed litigant, the court shall permit a copy of the forensic report and a
23 copy of the court ordered evaluator's files as provided for under para-
24 graph three of this subdivision to be provided to any independent
25 licensed forensic evaluator retained to assist counsel or a self-repre-
26 sented litigant, provided that the independent licensed forensic evalu-
27 ator executes an affidavit acknowledging that he or she may not further
28 disseminate the report or the files absent court permission, and will
29 return the report and the files to the court at the conclusion of the
30 litigation, subject to the provisions of section three thousand one
31 hundred three of the civil practice law and rules; and
32 (3) The court order appointing said evaluator shall provide to a
33 party's attorney or the attorney for the child the entire file related
34 to the proceeding including but not limited to, all underlying notes,
35 test data, raw test materials, underlying materials provided to or
36 relied upon by the court ordered evaluator and any records, photographs
37 or other evidence for inspection and photocopying, subject to the
38 provisions of section three thousand one hundred three of the civil
39 practice law and rules; except if an individual is self-represented, the
40 court shall make reasonable accommodations for the self-represented
41 party to review said entire file, including, without limitation, every-
42 thing that a party's attorney or the attorney for the child is entitled
43 to review as described above, at a court or other location and forward
44 those items to that location for inspection and note taking, but not for
45 photocopying or photographing or scanning; and
46 (4) A willful failure to comply with a court order conditioning or
47 limiting access to a forensic report or a willful violation of the
48 provisions of this subdivision regarding dissemination of the forensic
49 report or the evaluator's file or of an affidavit executed with respect
50 thereto, shall be contempt of court and may be punishable as such as
51 provided under section seven hundred fifty or seven hundred fifty-three
52 of the judiciary law as the case may be. The court shall notify the
53 parties and counsel on the record that a willful failure to comply with
54 the court order or the provisions of this subdivision regarding dissem-
55 ination of the forensic report or the evaluator's file or of an affida-
56 vit executed with respect thereto shall be contempt of court which may
S. 6579--A 7
1 include punishment of a fine or imprisonment or both; and the court
2 shall retain jurisdiction for the purposes of determining any applica-
3 tion for contempt based on a willful failure to comply with a court
4 order or a willful violation of the provisions of this subdivision
5 regarding dissemination of the forensic report or the evaluator's file
6 or of an affidavit executed with respect thereto; and a party may seek
7 counsel fees to enforce or defend said application for contempt pursuant
8 to section seven hundred fifty or seven hundred fifty-three of the judi-
9 ciary law as the case may be; and
10 (5) In the discretion of the court, or upon stipulation of the
11 parties, written reports may be used to substitute for direct testimony
12 at the trial, but the reports shall be submitted by the expert under
13 oath, and the expert shall be present and available for cross-examina-
14 tion. The court shall determine who is responsible for the payment of
15 any fees for said appearance or appearances by the expert; and
16 (6) The chief administrator of the courts may adopt rules authorizing
17 a court, in particular cases where a party does not raise a legally-val-
18 id objection thereto, to read or review a forensic report at one or more
19 of the following times as the rules shall permit:
20 (i) before the report is received in evidence at a trial or at a hear-
21 ing;
22 (ii) at the commencement of a trial or a hearing;
23 (iii) before accepting an agreement between the parties to its deter-
24 mination concerning child custody or visitation; or
25 (iv) at any other time if:
26 (A) agreed to by the parties and their counsel in a written stipu-
27 lation submitted to the court or in an agreement on the record in open
28 court; or
29 (B) permitted by the court upon application thereto showing good cause
30 therefor; and
31 (7) No forensic report or any portion or portions thereof shall be
32 attached to, or quoted in, any motions, pleadings or other documents by
33 counsel or a party.
34 § 4. Section 651 of the family court act is amended by adding a new
35 subdivision (g) to read as follows:
36 (g) Court ordered forensic evaluations in proceedings involving child
37 custody and visitation. Notwithstanding the provisions of this section
38 to the contrary, where a court order is issued for an evaluation or
39 investigation of the parties or a child by a forensic mental health
40 professional in a custody or visitation proceeding, other than by a
41 probation service, a child protective service or any other person
42 authorized by statute, appointed by the court to assist with the deter-
43 mination of child custody or visitation pursuant to this article or
44 article four of this act, hereinafter referred to for purposes of this
45 subdivision as "court ordered evaluators", then for purposes of such
46 court ordered forensic evaluations and investigations;
47 (1) Notwithstanding section one hundred sixty-five of this act and
48 section four hundred eight of the civil practice law and rules, the
49 provisions and limitations of sections three thousand one hundred one
50 and three thousand one hundred three of the civil practice law and rules
51 shall apply; and
52 (2) The court will determine which party is responsible for payment of
53 the fee of the court ordered evaluator, or in what proportions payment
54 of the fee of the court ordered evaluator will be shared between the
55 parties, or otherwise paid on behalf of a party or parties, if applica-
56 ble. Any report or evaluation prepared by the court ordered evaluator,
S. 6579--A 8
1 to be known as a "forensic report" for the purposes of this subdivision,
2 shall be confidential and kept under seal except that all attorneys and
3 the attorney for the child shall have a right to receive a copy of any
4 such forensic report upon receipt of such a report by the court;
5 provided that they execute an affidavit acknowledging that they will not
6 give a copy of the report or the evaluator's file as provided for under
7 paragraph three of this subdivision to a party or further disseminate
8 the report or said file except as otherwise expressly permitted under
9 this subdivision without the consent of the court, and will return the
10 report and file to the court upon conclusion of the litigation, subject
11 to the provisions of section three thousand one hundred three of the
12 civil practice law and rules. Provided, however, in no event shall a
13 party or his or her counsel be prevented from access to or review of a
14 forensic report in advance of and during trial. Any conditions or limi-
15 tations imposed by the court pursuant to this subdivision relating to
16 disclosure of the forensic report shall accommodate for language access
17 and disability; except that no party to the action shall be permitted to
18 have a copy of the report or to reproduce or disseminate all or any
19 portion thereof. If a party is self-represented, the court shall make
20 reasonable accommodations for the self-represented party to review said
21 report at a court or other location, and to make notes about the report;
22 and if a party is represented, the party shall have a right to read the
23 forensic report in his or her attorney's office, to discuss the report
24 with the attorney representing him or her in the action, and to make
25 notes about the report. Upon application by counsel or a self-represent-
26 ed litigant, the court shall permit a copy of the forensic report and a
27 copy of the court ordered evaluator's files as provided for under para-
28 graph three of this subdivision to be provided to any independent
29 licensed forensic evaluator retained to assist counsel or a self-repre-
30 sented litigant; provided that the independent licensed forensic evalu-
31 ator executes an affidavit acknowledging that he or she may not further
32 disseminate the report or the files absent court permission, and will
33 return the report and the files to the court at the conclusion of the
34 litigation, subject to the provisions of section three thousand one
35 hundred three of the civil practice law and rules; and
36 (3) The court order appointing said evaluator shall provide to a
37 party's attorney or the attorney for the child the entire file related
38 to the proceeding including but not limited to, all underlying notes,
39 test data, raw test materials, underlying materials provided to or
40 relied upon by the court ordered evaluator and any records, photographs
41 or other evidence for inspection and photocopying, subject to the
42 provisions of section three thousand one hundred three of the civil
43 practice law and rules; except if an individual is self-represented, the
44 court shall make reasonable accommodations for the self-represented
45 party to review said entire file, including, without limitation, every-
46 thing that a party's attorney or the attorney for the child is entitled
47 to review as described above, at a court or other location and forward
48 those items to that location for inspection and note taking, but not for
49 photocopying or photographing or scanning; and
50 (4) A willful failure to comply with a court order conditioning or
51 limiting access to a forensic report or a willful violation of the
52 provisions of this subdivision regarding dissemination of the forensic
53 report or the evaluator's file or of an affidavit executed with respect
54 thereto, shall be contempt of court and may be punishable as such as
55 provided under section seven hundred fifty or seven hundred fifty-three
56 of the judiciary law as the case may be. The court shall notify the
S. 6579--A 9
1 parties and counsel on the record that a willful failure to comply with
2 the court order or the provisions of this subdivision regarding dissem-
3 ination of the forensic report or the evaluator's file or of an affida-
4 vit executed with respect thereto shall be contempt of court which may
5 include punishment of a fine or imprisonment or both; and the court
6 shall retain jurisdiction for the purposes of determining any applica-
7 tion for contempt based on a willful failure to comply with a court
8 order or a willful violation of the provisions of this subdivision
9 regarding dissemination of the forensic report or the evaluator's file
10 or of an affidavit executed with respect thereto; and a party may seek
11 counsel fees to enforce or defend said application for contempt pursuant
12 to section seven hundred fifty or seven hundred fifty-three of the judi-
13 ciary law as the case may be; and
14 (5) In the discretion of the court, or upon stipulation of the
15 parties, written reports may be used to substitute for direct testimony
16 at the trial, but the reports shall be submitted by the expert under
17 oath, and the expert shall be present and available for cross-examina-
18 tion. The court shall determine who is responsible for the payment of
19 any fees for said appearance or appearances by the expert; and
20 (6) The chief administrator of the courts may adopt rules authorizing
21 a court, in particular cases where a party does not raise a legally-val-
22 id objection thereto, to read or review a forensic report at one or more
23 of the following times as the rules shall permit:
24 (i) before the report is received in evidence at a trial or at a hear-
25 ing;
26 (ii) at the commencement of a trial or a hearing;
27 (iii) before accepting an agreement between the parties to its deter-
28 mination concerning child custody or visitation; or
29 (iv) at any other time if:
30 (A) agreed to by the parties and their counsel in a written stipu-
31 lation submitted to the court or in an agreement on the record in open
32 court; or
33 (B) permitted by the court upon application thereto showing good cause
34 therefor; and
35 (7) No forensic report or any portion or portions thereof shall be
36 attached to, or quoted in, any motions, pleadings or other documents by
37 counsel or a party.
38 § 5. This act shall take effect on the ninetieth day after it shall
39 have become a law; provided, however, that effective immediately the
40 chief administrator of the courts, with the approval of the administra-
41 tive board of the courts, is authorized and directed to promulgate any
42 rules necessary to implement the provisions of this act on or before
43 such effective date.
