§ 680.80 — Examination of witnesses on commission; use at trial of transcript of examination

New York § 680.80

• 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

§ 680.80 Examination of witnesses on commission; use at trial of\n transcript of examination.\n 1. When the transcript and record of the examination on commission\nare received by the superior court which issued the commission, they\nmust be filed therewith if such court be the trial court, and, if not,\ntransmitted to the trial court. A copy of the transcript must be\ndelivered by the trial court to each party.\n 2. Upon the trial of the action, either party may, subject to the\nprovisions of subdivision three, introduce and read into evidence the\ntranscript or that portion thereof containing the testimony of a witness\nexamined on the commission.\n 3. At any time prior to the introduction of such evidence, the trial\ncourt may examine the transcript and, upon according both parties\nopportunity to be heard and to register objections, may exclude and\nstrike therefrom irrelevant, incompetent or otherwise inadmissible\ntestimony. While the transcript or any portion thereof is being read\ninto evidence at the trial by a party, the other party may register any\nobjection or protest thereto that he would be entitled to register were\nthe witness testifying in person, regardless of whether such protest has\npreviously been raised and passed upon by the court, and the court must\nrule thereon.\n