SCPA § 508

Before whom testimony may be taken; issuance of commission · as in force on May 31, 2026

§ 508. Before whom testimony may be taken; issuance of commission.

1. Testimony may be taken within or without the state or in a foreign country by an attorney in addition to the persons enumerated in CPLR 3113 (a).

2. The court may issue a commission to a person authorized to take a commission under CPLR 3113 or to an attorney of this state or of the jurisdiction in which the commission is to be taken.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/508

In plain English

Attorneys may take testimony for the Surrogate's Court, and the court may issue commissions to take it.

(1) Testimony may be taken within or outside New York, or in a foreign country, by an attorney, in addition to the persons listed in CPLR 3113(a). ★
(2) The court may issue a commission to a person authorized under CPLR 3113, or to an attorney of New York or of the jurisdiction where the commission is to be taken. ★

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 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.