§ 660.40 Examination of witnesses conditionally; application and notice.

1. An application to examine a witness conditionally must be made in
writing, must be subscribed and sworn to, and must contain:

(a) The title of the action, the offense or offenses charged, the
nature and status of the action, and the name and residential address of
the witness sought to be examined; and

(b) A statement that there is reasonable cause to believe that grounds
for such an examination, as specified in section 660.20, exist, together
with allegations of fact supporting such statement. Such allegations of
fact may be those of the applicant, or those of another person in an
accompanying deposition, or of both. They may be based either upon
personal knowledge of the deponent or upon information and belief,
provided that in the latter event the sources of such information and
the grounds of such belief are stated.

2. The application may also contain a request that the examination, in
addition to its being recorded in the same manner as would be required
were the witness testifying at trial, 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.

3. A copy of the application, with reasonable notice and opportunity
to be heard, must be served upon the other party to the action. If the
defendant is the applicant, such service must be upon the district
attorney. If the people are the applicant, such service must be upon the
defendant and upon his attorney if any. The respondent party may file
and serve a sworn written answer to the application.