§ 354 — Examination of witnesses and preliminary injunction

New York § 354

• Jurisdiction: New York
• Law GBS: General Business
• Art. 23-A: Fraudulent Practices In Respect to Stocks, Bonds and Other Securities

Text

§ 354. Examination of witnesses and preliminary injunction. Whenever\nthe attorney-general has determined to commence an action under this\narticle, he may present to any justice of the supreme court, before\nbeginning such action, an application in writing for an order directing\nthe person or persons mentioned in the application to appear before the\njustice of the supreme court or referee designated in such order and\nanswer such questions as may be put to them or to any of them, or to\nproduce such papers, documents and books concerning the alleged\nfraudulent practices to which the action which he has determined to\nbring relates, and it shall be the duty of the justice of the supreme\ncourt to whom such application for the order is made to grant such\napplication. The application for such order made by the attorney-general\nmay simply show upon his information and belief that the testimony of\nsuch person or persons is material and necessary. The provisions of the\ncivil practice law and rules, relating to an application for an order\nfor the examination of witnesses before the commencement of an action\nand the method of proceeding on such examination, shall not apply except\nas herein prescribed. The order shall be granted by the justice of the\nsupreme court to whom the application has been made with such\npreliminary injunction or stay as may appear to such justice to be\nproper and expedient and shall specify the time when and place where the\nwitnesses are required to appear. The justice or referee may adjourn\nsuch examination from time to time and witnesses must attend\naccordingly. The testimony of each witness must be subscribed by him and\nall must be filed in the office of the clerk of the county in which such\norder for examination is filed.\n