New York Laws
Article 660 - Securing Testimony for Use in a Subsequent Proceeding--Examination of Witnesses Conditionally
660.50 - Examination of Witnesses Conditionally; Determination of Application.

application.

1. Before ruling upon the application, the court may, in addition to
examining the papers and hearing oral argument, make any inquiry it
deems appropriate for the purpose of making findings of fact essential
to the determination. For such purpose, it may examine witnesses, under
oath or otherwise, subpoena or call witnesses and authorize the
attorneys for the parties to do so.

2. If the court is satisfied that grounds for the application exist,
it must order an examination of the witness conditionally at a
designated time and place. Such examination must be conducted by the
same court; except that, if it is to be held in another county, it may
be conducted by a designated superior court of such other county.

3. The court must order that the examination be recorded in the same
manner as would be required were the witness testifying at trial, and
the court may, in addition, order that the examination also be recorded
by videotape or other photographic method approved by and subject to
standards and administrative policies promulgated pursuant to section
twenty-eight of article six of the constitution.

4. Upon ordering the examination, the court must direct the party
securing the order of examination to serve a copy of the order upon the
respondent party and, if a defendant be such, upon his attorney also,
and must either issue a subpoena for the witness' attendance thereat or
authorize the applicant party's attorney to do so.

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