N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.20-i - Direct Testimony by Affidavit

Upon request of a party, the court may permit that direct testimony of that party's own witness in a non-jury trial or evidentiary hearing be submitted in affidavit form, provided, however, that the opposing party shall have the right to object to statements in the direct testimony affidavit, and the court shall rule on such objections, just as if the statements had been made orally in open court. Where an objection to a portion of a direct testimony affidavit is sustained, the court may direct that such portion be stricken. The submission of direct testimony in affidavit form shall not affect any right to conduct cross-examination or redirect examination of the witness.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.20-i

Adopted New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/1/2021 Amended eff. 7/1/2022. Amended New York State Register July 6, 2022/Volume XLIV, Issue 27, eff. 7/1/2022 Amended eff. 7/27/2022. Amended New York State Register August 31, 2022/Volume XLIV, Issue 35, eff. 8/31/2022