Examination of witnesses conditionally; the examination proceeding · as in force on May 31, 2026
§ 660.60 Examination of witnesses conditionally; the examination
proceeding.
1. The examination proceeding must be conducted in the same manner as would be required were the witness testifying at a trial, and must be recorded in such fashion as the court has directed pursuant to subdivision three of section 660.50 of this chapter. The witness must testify under oath. The applicant party must first examine the witness and the respondent party may then cross-examine him, with each party entitled to register objections and to receive rulings of the court thereon.
2. Upon conclusion of the examination, a transcript and any videotape or photographic recording thereof must be certified and filed with the court which ordered the examination.
A conditional examination proceeds as if the witness were testifying at trial: the witness testifies under oath, the applicant examines first, the respondent may cross-examine, and both sides may object and receive court rulings. ★ The examination must be recorded as the court ordered under § 660.50(3), and the certified transcript and any video or photographic recording must be filed with the court that ordered it.
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.