{"jurisdiction": "us-ny", "code": "nycrr", "section": "207.22", "citation": "Uniform Rules § 207.22", "heading": "Witnesses out of county", "text": ["(a) When, in an uncontested probate proceeding, a witness to a will is outside the jurisdiction of the court, and SCPA 1406 is not utilized, the court may order that the witness be examined in the Surrogate's Court of another county or in an appropriate court of another state or county or before a commissioner designated by the court pursuant to SCPA 508, specifying the nature and manner of the examination, and shall send such other court or commissioner a copy of such order together with the original will or court-certified reproduction thereof. If the original will is sent, a court-certified copy thereof shall be retained in the office of the court wherein the proceeding is pending.", "(b) When the testimony of the witness is obtained, it shall be annexed to the will or to the copy to which it relates, and together they shall be returned to and filed in the court wherein the proceeding is pending, as provided in SCPA 507."], "official_source": "https://www.nycourts.gov/rules/part-207-uniform-rules-surrogates-court", "from_official_api": true, "plain_english": "This rule covers examining a will's witness who is **outside the court's jurisdiction** in an **uncontested probate**.\n- **(a)** If the witness is out of the jurisdiction and **SCPA 1406 is not used**, the court **may order** the witness examined in the **Surrogate's Court of another county**, an appropriate court of **another state or county**, or before a **commissioner** designated under **SCPA 508**, specifying the **nature and manner** of the examination. ★ The court **shall send** that court or commissioner a copy of the order with the **original will or a court-certified reproduction**. If the **original** is sent, a **court-certified copy is kept** in the court where the proceeding is pending. ★\n- **(b)** The witness's **testimony is annexed** to the will (or copy) and both are **returned to and filed in** the court where the proceeding is pending, as **SCPA 507** provides.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/nycrr/207.22", "publisher": "Elyphived LLC"}