New York § 680.70 Examination of witnesses on commission; the examination

New York Statutes

§ 680.70 — Examination of witnesses on commission; the examination

New York § 680.70

Law CPLCriminal Procedure

Title SProcedures For Securing Testimony For Future Use, and For Using Testi- Mony Given In a Prior Proceeding

Part 3Special Proceedings and Miscellaneous Procedures

Art. 680Securing Testimony Outside the State For Use In Proceeding Within the State-- Examination of Witnesses On Commission

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Bluebook

N.Y. Criminal Procedure § 680.70 (2026).

Text

§ 680.70  Examination of witnesses on commission; the examination.\n  The examination on the commission must be conducted as follows:\n  1.  Each witness must testify under oath, and the examination must be\nrecorded and transcribed.\n  2.  Each witness must first be asked all the questions contained in\nthe interrogatories submitted by the party requesting his examination.\nHe must then be asked all the questions contained in the\ncross-interrogatories, if any, submitted by the other party.\n  3.  The defendant has a right to be represented by counsel at the\nexamination, and the district attorney also has a right to be present,\nbut both such rights may be waived.  Upon the conclusion of the\nquestioning of a witness upon the written interrogatories, he may be\nfurther examined by the at

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§ 680.70 Examination of witnesses on commission; the examination.\n The examination on the commission must be conducted as follows:\n 1. Each witness must testify under oath, and the examination must be\nrecorded and transcribed.\n 2. Each witness must first be asked all the questions contained in\nthe interrogatories submitted by the party requesting his examination.\nHe must then be asked all the questions contained in the\ncross-interrogatories, if any, submitted by the other party.\n 3. The defendant has a right to be represented by counsel at the\nexamination, and the district attorney also has a right to be present,\nbut both such rights may be waived. Upon the conclusion of the\nquestioning of a witness upon the written interrogatories, he may be\nfurther examined by the attorney or representative of the party who\nrequested his examination, and may then be cross-examined by the\nattorney or representative of the adverse party. Each such attorney or\nrepresentative may register objections to the authority or\nqualifications of the commissioner, to the manner in which the\nexamination is conducted, and to the admissibility of evidence, and all\nsuch objections must be recorded and transcribed.\n 4. Documentary or other physical evidence may be produced and\nsubmitted by a witness. Such evidence must be subscribed or otherwise\nidentified by the witness, and certified by a commissioner and annexed\nto the transcript of the examination as a part of the record.\n 5. After the examination is transcribed, the commissioner or\ncommissioners must subscribe and certify the transcript as an accurate\nrecord of the proceedings, and must then remit such transcript and all\nother pertinent instruments, documents and evidence to the court which\nissued the commission, in accordance with the directions thereof.\n