N.Y. Criminal Procedure Law § 660.40: Examination of witnesses conditionally; application and notice

§ 660.40 Examination of witnesses conditionally; application and notice.

1. An application to examine a witness conditionally must be made in

writing, must be subscribed and sworn to, and must contain:

(a) The title of the action, the offense or offenses charged, the

nature and status of the action, and the name and residential address of

the witness sought to be examined; and

(b) A statement that there is reasonable cause to believe that grounds

for such an examination, as specified in section 660.20, exist, together

with allegations of fact supporting such statement. Such allegations of

fact may be those of the applicant, or those of another person in an

accompanying deposition, or of both. They may be based either upon

personal knowledge of the deponent or upon information and belief,

provided that in the latter event the sources of such information and

the grounds of such belief are stated.

2. The application may also contain a request that the examination, in

addition to its being recorded in the same manner as would be required

were the witness testifying at trial, also be recorded by videotape or

other photographic method approved by and subject to standards and

administrative policies promulgated pursuant to section twenty-eight of

article six of the constitution.

3. A copy of the application, with reasonable notice and opportunity

to be heard, must be served upon the other party to the action. If the

defendant is the applicant, such service must be upon the district

attorney. If the people are the applicant, such service must be upon the

defendant and upon his attorney if any. The respondent party may file

and serve a sworn written answer to the application.