1. Before ruling upon the application, the court may, in addition to examining the
papers and hearing oral argument, make any inquiry it deems appropriate for the purpose
of making findings of fact essential to the determination. For such purpose, it may examine witnesses, under oath or otherwise, subpoena or
call witnesses and authorize the attorneys for the parties to do so.
2. If the court is satisfied that grounds for the application exist, it must order
an examination of the witness conditionally at a designated time and place. Such examination must be conducted by the same court; except that, if it is to
be held in another county, it may be conducted by a designated superior court of such
3. The court must order that the examination be recorded in the same manner as would
be required were the witness testifying at trial, and the court may, in addition,
order that the examination also be recorded by videotape or other photographic method
approved by and subject to standards and administrative policies promulgated pursuant
to section twenty-eight of article six of the constitution.
4. Upon ordering the examination, the court must direct the party securing the order
of examination to serve a copy of the order upon the respondent party and, if a defendant
be such, upon his attorney also, and must either issue a subpoena for the witness'
attendance thereat or authorize the applicant party's attorney to do so.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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