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This entry was published on 2014-09-22
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Testimony by deposition to ascertain location of chattel
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 71
§ 7112. Testimony by deposition to ascertain location of chattel. A
party to an action to recover a chattel may move, upon such notice as
the court may direct, upon a showing that he lacks knowledge of the
location of the chattel or a part thereof, for an order to examine any
person for the purpose of obtaining information with reference to such
location. The order may be granted before or after service of summons
and complaint, or anytime before or after final judgment, and may also
restrain the adverse party from acting in violation of whatever rights
the moving party may have in the chattel, upon the execution of a
reasonable undertaking, with sufficient sureties, to reimburse the
adverse party for all damages wrongfully caused by such restraint.