2010 New York Code
CVP - Civil Practice Law & Rules
Article 31 - (3101 - 3140) DISCLOSURE
R3113 - Conduct of the examination.

Rule  3113.  Conduct  of  the  examination.  (a)  Persons  before whom
  depositions may be taken. Depositions may be taken  before  any  of  the
  following  persons except an attorney, or employee of an attorney, for a
  party or prospective party and except a person who would be disqualified
  to act as a juror because of interest in the event or  consanguinity  or
  affinity to a party:
    1.  within  the state, a person authorized by the laws of the state to
  administer oaths;
    2. without the  state  but  within  the  United  States  or  within  a
  territory  or  possession  subject  to  the  jurisdiction  of the United
  States, a person authorized to take acknowledgments of deeds outside  of
  the  state  by the real property law of the state or to administer oaths
  by the laws of the United States or of the place where the deposition is
  taken; and
    3.  in  a  foreign  country,  any  diplomatic  or  consular  agent  or
  representative  of  the  United  States, appointed or accredited to, and
  residing within, the country, or a person  appointed  by  commission  or
  under  letters rogatory, or an officer of the armed forces authorized to
  take the acknowledgment of deeds.
    Officers may be designated in notices or commissions either by name or
  descriptive  title  and  letters  rogatory  may  be  addressed  "To  the
  Appropriate Authority in (here name the state or country)."
    (b)  Oath  of  witness; recording of testimony; objections; continuous
  examination; written questions read by examining  officer.  The  officer
  before  whom the deposition is to be taken shall put the witness on oath
  and shall personally, or by someone acting under his  direction,  record
  the  testimony. The testimony shall be recorded by stenographic or other
  means, subject to such rules as may be adopted by the appellate division
  in the department where the action is pending. All  objections  made  at
  the  time of the examination to the qualifications of the officer taking
  the deposition or the person recording it, or to the  manner  of  taking
  it,  or to the testimony presented, or to the conduct of any person, and
  any other objection to the proceedings, shall be noted  by  the  officer
  upon  the  deposition  and  the  deposition shall proceed subject to the
  right of a person to apply for a protective order. The deposition  shall
  be  taken  continuously and without unreasonable adjournment, unless the
  court otherwise orders or the  witness  and  parties  present  otherwise
  agree. In lieu of participating in an oral examination, any party served
  with notice of taking a deposition may transmit written questions to the
  officer, who shall propound them to the witness and record the answers.
    (c)     Examination    and    cross-examination.    Examination    and
  cross-examination of deponents shall proceed as permitted in  the  trial
  of actions in open court. When the deposition of a party is taken at the
  instance  of an adverse party, the deponent may be cross-examined by his
  own attorney.   Cross-examination need not be  limited  to  the  subject
  matter of the examination in chief.
    (d)  The parties may stipulate that a deposition be taken by telephone
  or other remote electronic  means  and  that  a  party  may  participate
  electronically. The stipulation shall designate reasonable provisions to
  ensure  that  an  accurate  record of the deposition is generated, shall
  specify, if appropriate, reasonable provisions for the use  of  exhibits
  at  the  deposition;  shall  specify  who must and who may physically be
  present at the deposition; and shall provide for  any  other  provisions
  appropriate  under  the circumstances. Unless otherwise stipulated to by
  the parties, the officer administering  the  oath  shall  be  physically
  present  at  the  place  of  the  deposition and the additional costs of
  conducting the deposition  by  telephonic  or  other  remote  electronic

means, such as telephone charges, shall be borne by the party requesting
  that the deposition be conducted by such means.

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