New York Laws
Article 680 - Securing Testimony Outside the State for Use in Proceeding Within the State-Examination of Witnesses on Commission
680.70 - Examination of Witnesses on Commission; the Examination.

The examination on the commission must be conducted as follows:

1. Each witness must testify under oath, and the examination must be
recorded and transcribed.

2. Each witness must first be asked all the questions contained in
the interrogatories submitted by the party requesting his examination.
He must then be asked all the questions contained in the
cross-interrogatories, if any, submitted by the other party.

3. The defendant has a right to be represented by counsel at the
examination, and the district attorney also has a right to be present,
but both such rights may be waived. Upon the conclusion of the
questioning of a witness upon the written interrogatories, he may be
further examined by the attorney or representative of the party who
requested his examination, and may then be cross-examined by the
attorney or representative of the adverse party. Each such attorney or
representative may register objections to the authority or
qualifications of the commissioner, to the manner in which the
examination is conducted, and to the admissibility of evidence, and all
such objections must be recorded and transcribed.

4. Documentary or other physical evidence may be produced and
submitted by a witness. Such evidence must be subscribed or otherwise
identified by the witness, and certified by a commissioner and annexed
to the transcript of the examination as a part of the record.

5. After the examination is transcribed, the commissioner or
commissioners must subscribe and certify the transcript as an accurate
record of the proceedings, and must then remit such transcript and all
other pertinent instruments, documents and evidence to the court which
issued the commission, in accordance with the directions thereof.