New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 507. Testimony of witness

1. The testimony of a witness may be taken at any place the court directs.  The party applying therefor shall give such notice of the time and place of taking the examination as the court prescribes and shall pay the court its actual and necessary expenses incurred in taking testimony at a place other than the court.

2. In any uncontested proceeding where an attesting or a material witness who is in another county of the state cannot conveniently attend before the court is may make an order directing that the witness be examined in the surrogate's court of another county and specifying the nature and manner of the examination.  A copy of the order must be transmitted to the surrogate so designated, together with the original will or court certified reproduction thereof, where the testimony relates to the execution of a will.  The examination may be taken by one of the clerks of the court.  After the examination is reduced to writing and subscribed by the witness or otherwise duly authenticated, it, together with a statement of the proceeding upon the execution of the order, must be certified by the surrogate or clerk taking the examination, attested by the seal of his court and returned with the original will or court certified reproduction thereof, if any, to the court which directed the examination, which must file the same in its office.


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