CPL § 680.60

Examination of witnesses on commission; form and content of the commission · as in force on May 31, 2026

§ 680.60 Examination of witnesses on commission; form and content of

the commission.

1. The commission must be subscribed by the court and must contain:

(a) The name and address of each witness to be examined; and

(b) The name, or a descriptive title, of a commissioner or commissioners who, pursuant to subdivision two, are authorized to conduct the examination; and

(d) A direction that, upon completion of such examination, such commissioner or commissioners cause it to be transcribed and remit to the court the transcript, the commission, the interrogatories and all other pertinent instruments and documents.

2. The following persons may be designated commissioners:

(a) If the examination is to occur within the United States or any territory thereof, any attorney authorized to practice law in the specified jurisdiction or any person authorized to administer oaths therein;

(b) If the examination is to occur in a foreign country, any diplomatic or consular agent or representative of the United States employed in such capacity in such country, or any commissioned officer of the armed forces.

3. The court must cause the commission to be delivered to a commissioner designated therein, together with a copy of this article.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/680.60

In plain English

A commission must identify the witnesses and commissioners, authorize oaths, and require return of the complete examination record.

(1) It must be signed by the court and state each witness’s name and address, identify the commissioners, authorize them to administer oaths, and direct them to transcribe and return the transcript, commission, questions, and related materials. ★
(2) In the United States or its territories, a commissioner may be a locally licensed lawyer or person authorized to administer oaths. In a foreign country, the commissioner may be a U.S. diplomatic or consular representative or commissioned armed-forces officer.
(3) The court must deliver the commission and a copy of this article to a named commissioner.

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.