Legislation
SECTION 507
Testimony of witness 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 5
§ 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 it 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.
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 it 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.