N.Y. Civil Practice Law & Rules § 3109: Notice of taking deposition on written questions

Rule 3109. Notice of taking deposition on written questions. (a)

Notice of taking; service of questions and cross-questions. A party

desiring to take the deposition of any person upon written questions

shall serve such questions upon each party together with a notice

stating the name and address of the person to be examined, if known,

and, if the name is not known, a general description sufficient to

identify him or the particular class or group to which he belongs, and

the name or descriptive title and address of the officer before whom the

deposition is to be taken. Within fifteen days thereafter a party so

served may serve written cross-questions upon each party. Within seven

days thereafter the original party may serve written redirect questions

upon each party. Within five days after being served with written

redirect questions, a party may serve written recross-questions upon

each party.

(b) Officer asking written questions. A copy of the notice and copies

of all written questions served shall be delivered by the party taking

the deposition to the officer designated in the notice. The officer

shall proceed promptly to take the testimony of the witness in response

to the written questions and to prepare the deposition.