N.Y. Crim. Proc. Law § 680.60

Current through 2024 NY Law Chapter 456

Section 680.60 - Examination of witnesses on commission; form and content of the commission

1. The commission must be subscribed by the court and must contain:

(a) The name and address of each witness to be examined; and

(b) The name, or a descriptive title, of a commissioner or commissioners who, pursuant to subdivision two, are authorized to conduct the examination; and

(c) A statement authorizing such commissioner or commissioners to administer the oath to witnesses; and

(d) A direction that, upon completion of such examination, such commissioner or commissioners cause it to be transcribed and remit to the court the transcript, the commission, the interrogatories and all other pertinent instruments and documents.

2. The following persons may be designated commissioners:

(a) If the examination is to occur within the United States or any territory thereof, any attorney authorized to practice law in the specified jurisdiction or any person authorized to administer oaths therein;

(b) If the examination is to occur in a foreign country, any diplomatic or consular agent or representative of the United States employed in such capacity in such country, or any commissioned officer of the armed forces.

3. The court must cause the commission to be delivered to a commissioner designated therein, together with a copy of this article.

N.Y. Crim. Proc. Law § 680.60