Examination of witnesses on commission; when commission issuable upon application of people · as in force on May 31, 2026
§ 680.40 Examination of witnesses on commission; when commission
issuable upon application of people.
When a commission has been issued upon application of a defendant pursuant to section 680.20, the court may, upon application of the people, issue another commission for examination, either in the same or another jurisdiction, of a person designated by the people, under the same conditions as prescribed in said section 680.20. In such case, the court may, upon application of the defendant, determine, in the manner provided in section 680.30, that such commission shall also authorize examination of a person or persons designated by the defendant.
After the court grants a defendant’s commission, it may grant the People a separate commission in the same or another jurisdiction to examine prosecution witnesses who satisfy § 680.20. The court may then, on the defendant’s application, add defense witnesses to that commission under § 680.30. ★
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.