N.Y. Criminal Procedure Law § 680.70: Examination of witnesses on commission; the examination

§ 680.70 Examination of witnesses on commission; the examination.

The examination on the commission must be conducted as follows:

1. Each witness must testify under oath, and the examination must be

recorded and transcribed.

2. Each witness must first be asked all the questions contained in

the interrogatories submitted by the party requesting his examination.

He must then be asked all the questions contained in the

cross-interrogatories, if any, submitted by the other party.

3. The defendant has a right to be represented by counsel at the

examination, and the district attorney also has a right to be present,

but both such rights may be waived. Upon the conclusion of the

questioning of a witness upon the written interrogatories, he may be

further examined by the attorney or representative of the party who

requested his examination, and may then be cross-examined by the

attorney or representative of the adverse party. Each such attorney or

representative may register objections to the authority or

qualifications of the commissioner, to the manner in which the

examination is conducted, and to the admissibility of evidence, and all

such objections must be recorded and transcribed.

4. Documentary or other physical evidence may be produced and

submitted by a witness. Such evidence must be subscribed or otherwise

identified by the witness, and certified by a commissioner and annexed

to the transcript of the examination as a part of the record.

5. After the examination is transcribed, the commissioner or

commissioners must subscribe and certify the transcript as an accurate

record of the proceedings, and must then remit such transcript and all

other pertinent instruments, documents and evidence to the court which

issued the commission, in accordance with the directions thereof.