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.
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.
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.