2021 New York Laws
CPL - Criminal Procedure
Part 3 - Special Proceedings and Miscellaneous Procedures
Title S - Procedures for Securing Testimony for Future Use,and for Using Testimony Given in a Prior Proceeding
Article 660 - Securing Testimony for Use in a Subsequent Proceeding--Examination of Witnesses Conditionally
660.40 - Examination of Witnesses Conditionally; Application and Notice.

§ 660.40 Examination of witnesses conditionally; application and notice.
  1.  An  application to examine a witness conditionally must be made in
writing, must be subscribed and sworn to, and must contain:
  (a) The title of the action, the  offense  or  offenses  charged,  the
nature and status of the action, and the name and residential address of
the witness sought to be examined; and
  (b) A statement that there is reasonable cause to believe that grounds
for such an examination, as specified in section 660.20, exist, together
with  allegations of fact supporting such statement. Such allegations of
fact may be those of the applicant, or those of  another  person  in  an
accompanying  deposition,  or  of  both.  They  may be based either upon
personal knowledge of the  deponent  or  upon  information  and  belief,
provided  that  in  the latter event the sources of such information and
the grounds of such belief are stated.
  2. The application may also contain a request that the examination, in
addition to its being recorded in the same manner as would  be  required
were  the  witness testifying at trial, also be recorded by videotape or
other photographic method approved  by  and  subject  to  standards  and
administrative  policies promulgated pursuant to section twenty-eight of
article six of the constitution.
  3. A copy of the application, with reasonable notice  and  opportunity
to  be  heard, must be served upon the other party to the action. If the
defendant is the applicant, such  service  must  be  upon  the  district
attorney. If the people are the applicant, such service must be upon the
defendant  and  upon  his attorney if any. The respondent party may file
and serve a sworn written answer to the application.