Uniform Rules § 207.28

Examination of attesting witnesses, accountants and adverse parties or witnesses · as in force on May 31, 2026

(a) All examinations of attesting witnesses, accountants and adverse parties or witnesses should be conducted on reasonable notice to all attorneys, guardians ad litem and parties entitled under SCPA 302(3). Unless the court otherwise directs, all examinations pursuant to SCPA 1404, 2102, 2103, 2104 and 2211 shall be held at the court-house.

(b) Unless the court permits, such examinations shall not be conducted until jurisdiction has been obtained over all necessary parties to the proceeding and, where necessary, guardians ad litem have been appointed and qualified.

Official sourcehttps://www.nycourts.gov/rules/part-207-uniform-rules-surrogates-court

In plain English

This rule sets notice, place and timing for examining attesting witnesses, accountants and adverse parties or witnesses.

(a) These examinations should be held on reasonable notice to all attorneys, guardians ad litem and parties entitled under SCPA 302(3). Unless the court directs otherwise, examinations under SCPA 1404, 2102, 2103, 2104 and 2211 shall be held at the courthouse. ★
(b) Unless the court permits, they may not be held until jurisdiction is obtained over all necessary parties and, where necessary, guardians ad litem are appointed and qualified. ★

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 Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.