§ 680.60 — Examination of witnesses on commission; form and content of the commission

New York § 680.60

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title S: Procedures For Securing Testimony For Future Use, and For Using Testi- Mony Given In a Prior Proceeding
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 680: Securing Testimony Outside the State For Use In Proceeding Within the State-- Examination of Witnesses On Commission

Text

§ 680.60 Examination of witnesses on commission; form and content of\n the commission.\n 1. The commission must be subscribed by the court and must contain:\n (a) The name and address of each witness to be examined; and\n (b) The name, or a descriptive title, of a commissioner or\ncommissioners who, pursuant to subdivision two, are authorized to\nconduct the examination; and\n (c) A statement authorizing such commissioner or commissioners to\nadminister the oath to witnesses; and\n (d) A direction that, upon completion of such examination, such\ncommissioner or commissioners cause it to be transcribed and remit to\nthe court the transcript, the commission, the interrogatories and all\nother pertinent instruments and documents.\n 2. The following persons may be designated commissioners:\n (a) If the examination is to occur within the United States or any\nterritory thereof, any attorney authorized to practice law in the\nspecified jurisdiction or any person authorized to administer oaths\ntherein;\n (b) If the examination is to occur in a foreign country, any\ndiplomatic or consular agent or representative of the United States\nemployed in such capacity in such country, or any commissioned officer\nof the armed forces.\n 3. The court must cause the commission to be delivered to a\ncommissioner designated therein, together with a copy of this article.\n