Legislation
SECTION 17
Examinations before trial
Court of Claims Act (CTC) CHAPTER 860, ARTICLE 3
§ 17. Examinations before trial. 1. By the state. The
attorney-general, upon five days' notice to the attorney for the
claimant or to the claimant if there be no attorney, may require any
person filing a notice of claim for any cause whatever against the state
to be sworn before him or one of his deputies or assistants within the
county of the claimant's residence, relating to such claim, and when so
sworn, to answer orally as to any facts relative to the justness of such
claim. In any such claim brought for personal injuries where the state
shall have availed itself of an examination pursuant to section
seventeen-a of this article the state shall not be entitled to an
examination upon oral questions. Whenever any claim for the
appropriation of property is pending or has been determined in the court
of claims and the attorney-general is required by law to examine the
title of the claimant thereto, prior to the payment of an award, the
attorney-general may require such claimant to be sworn before him or one
of his deputies or assistants within the county of the claimant's
residence, or if the claimant be a corporation within the county where
its principal place of business in this state is located, or if the
claimant be a non-resident within the county where the property is
situated, relating to such title, and when so sworn, to answer orally as
to any facts relative to the title of such property. The
attorney-general may also require such claimant to file with him an
affidavit stating any material facts relating to such title. Wilful
false swearing before the attorney-general or his deputy or assistant is
perjury and punishable as such.
2. By the claimant. Examination before trial by the claimant shall be
available as provided in subdivision (f) of section thirty-one hundred
two of the civil practice law and rules.
attorney-general, upon five days' notice to the attorney for the
claimant or to the claimant if there be no attorney, may require any
person filing a notice of claim for any cause whatever against the state
to be sworn before him or one of his deputies or assistants within the
county of the claimant's residence, relating to such claim, and when so
sworn, to answer orally as to any facts relative to the justness of such
claim. In any such claim brought for personal injuries where the state
shall have availed itself of an examination pursuant to section
seventeen-a of this article the state shall not be entitled to an
examination upon oral questions. Whenever any claim for the
appropriation of property is pending or has been determined in the court
of claims and the attorney-general is required by law to examine the
title of the claimant thereto, prior to the payment of an award, the
attorney-general may require such claimant to be sworn before him or one
of his deputies or assistants within the county of the claimant's
residence, or if the claimant be a corporation within the county where
its principal place of business in this state is located, or if the
claimant be a non-resident within the county where the property is
situated, relating to such title, and when so sworn, to answer orally as
to any facts relative to the title of such property. The
attorney-general may also require such claimant to file with him an
affidavit stating any material facts relating to such title. Wilful
false swearing before the attorney-general or his deputy or assistant is
perjury and punishable as such.
2. By the claimant. Examination before trial by the claimant shall be
available as provided in subdivision (f) of section thirty-one hundred
two of the civil practice law and rules.