New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter I - Standards and Administrative Policies
Subchapter A - Rules Of The Chief Judge
Part 32 - Videotaping Of Conditional Examinations Of Witnesses In Criminal Cases
Section 32.3 - Conduct of examination

Universal Citation: 22 NY Comp Codes Rules and Regs ยง 32.3

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The examination shall begin by the operator recording:

(1) his or her name and address;

(2) the name and address of his or her employer;

(3) the date, time and place of the examination;

(4) the caption of the case;

(5) the name of the witness; and

(6) the party on whose behalf the examination is being conducted.

The person being examined shall be sworn as a witness. If the examination requires the use of more than one tape or film, the end of each tape or film and the beginning of each succeeding tape or film shall be announced by the operator.

(b) More than one camera may be used, either in sequence or simultaneously.

(c) At the conclusion of the examination, a statement shall be made on the record that the recording is completed. As soon thereafter as practicable, the videotape or other photographic recording shall be shown to the witness for examination, unless such showing and examination are waived by the witness and the parties. Pursuant to section 660.60 of the Criminal Procedure Law, a transcript and any videotape or photographic recording of the examination must be certified and filed with the court which ordered the examination.

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