N.Y. Criminal Procedure Law § 680.60: Examination of witnesses on commission; form and content of the commission

§ 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.