Legislation

Search OpenLegislation Statutes

previous
  • SECTION 660.10
    Examination of witnesses conditionally; in general
    • up
  • ARTICLE 660
    Securing Testimony For Use In a Subsequent Proceeding--examination of Witnesses Conditionally
    • next
  • SECTION 660.30
    Examination of witnesses conditionally; when and to what courts application may be made
    • This entry was published on 2014-09-22
    NOTE: The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.

    SECTION 660.20

    Examination of witnesses conditionally; grounds for order

    Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE S, ARTICLE 660

    § 660.20 Examination of witnesses conditionally; grounds for order.

    An order directing examination of a witness conditionally must be
    based upon the ground that there is reasonable cause to believe that
    such witness:

    1. Possesses information material to the criminal action or
    proceeding in issue; and

    2. Will not be amenable or responsive to legal process or available
    as a witness at a time when his testimony will be sought, either because
    he is:

    (a) About to leave the state and not return for a substantial period
    of time; or

    (b) Physically ill or incapacited.