2006 New York Code - Examination Of Witnesses And Preliminary Injunction.



 
    §  354.  Examination of witnesses and preliminary injunction. Whenever
  the attorney-general has determined to commence  an  action  under  this
  article,  he  may  present  to  any justice of the supreme court, before
  beginning such action, an application in writing for an order  directing
  the  person or persons mentioned in the application to appear before the
  justice of the supreme court or referee designated  in  such  order  and
  answer  such  questions  as  may be put to them or to any of them, or to
  produce  such  papers,  documents  and  books  concerning  the   alleged
  fraudulent  practices  to  which  the  action which he has determined to
  bring relates, and it shall be the duty of the justice  of  the  supreme
  court  to  whom  such  application  for  the order is made to grant such
  application. The application for such order made by the attorney-general
  may simply show upon his information and belief that  the  testimony  of
  such  person or persons is material and necessary. The provisions of the
  civil practice law and rules, relating to an application  for  an  order
  for  the  examination  of witnesses before the commencement of an action
  and the method of proceeding on such examination, shall not apply except
  as herein prescribed. The order shall be granted by the justice  of  the
  supreme   court  to  whom  the  application  has  been  made  with  such
  preliminary injunction or stay as may  appear  to  such  justice  to  be
  proper and expedient and shall specify the time when and place where the
  witnesses  are  required  to  appear. The justice or referee may adjourn
  such  examination  from  time  to  time  and   witnesses   must   attend
  accordingly. The testimony of each witness must be subscribed by him and
  all must be filed in the office of the clerk of the county in which such
  order for examination is filed.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.