CPL § 660.20

Examination of witnesses conditionally; grounds for order  ·  as in force on May 31, 2026

§ 660.20 Examination of witnesses conditionally; grounds for order.

An order directing examination of a witness conditionally must be based upon the ground that there is reasonable cause to believe that such witness:

1. Possesses information material to the criminal action or proceeding in issue; and

2. Will not be amenable or responsive to legal process or available as a witness at a time when his testimony will be sought, either because he is:

(a) About to leave the state and not return for a substantial period of time; or

(b) Physically ill or incapacited.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/660.20

In plain English

A court may order a witness examined conditionally only on reasonable cause to believe the witness has material information and will not be amenable or responsive to legal process or available as a witness when needed because the witness is about to leave New York for a substantial time or is physically ill or incapacitated. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.