2006 New York Code - Examination Of Witnesses On Commission; When Commission Issuable; Form And Content Of Application.

 
  §  680.20    Examination  of  witnesses  on  commission; when commission
               issuable; form and content of application.
    1.  Upon a pre-trial application of a defendant who  has  pleaded  not
  guilty  to  an indictment or other accusatory instrument which charges a
  crime, the superior court in which such  indictment  is  pending,  or  a
  superior  court  in the county in which such other accusatory instrument
  is pending, may issue a  commission  for  examination  of  a  designated
  person  as  a  witness in the action, at a designated place outside this
  state, if it is satisfied that (a)  such  person  possesses  information
  material  to  the  action  which  in  the  interest of justice should be
  disclosed at the trial, and (b) resides outside the state.
    2.  The application and moving papers must be in writing and  must  be
  subscribed  and  sworn  to  by  the  defendant or his attorney.   A copy
  thereof must be served on the district attorney, with reasonable  notice
  and opportunity to be heard.  The moving papers must allege:
    (a)  The offense or offenses charged; and
    (b)  The status of the action; and
    (c)  The name of the prospective witness; and
    (d)    A  statement  that such prospective witness resides outside the
  state, and his address in the  jurisdiction  in  which  the  examination
  sought is to occur; and
    (e)   A statement that he possesses information material to the action
  which in the interest of justice  should  be  disclosed  at  the  trial,
  together with a brief summary of the facts supporting such statement.
    3.     An  application  for  issuance  of  a  commission  may  request
  examination pursuant thereto of more than one  person  residing  in  the
  particular  jurisdiction.    In  such  case, it must contain allegations
  specified in subdivision two with respect to each such person,  and  the
  court must make separate rulings as to each.