N.Y. Comp. Codes R. & Regs. tit. 21 § 6.11

Current through Register Vol. 46, No. 50, December 11, 2024

Section 6.11 - Affidavits, sworn statements and interrogatories

(a) If at the time of hearing a witness is outside the State of New York or New Jersey or is deceased, commission counsel or a party may offer as evidence at the hearing an affidavit or sworn statement of such witness. Such affidavit or sworn statement shall be admissible into evidence as an exhibit, if the statements therein are otherwise competent, relevant and material. The administrative judge shall give the exhibit such weight as the administrative judge, in his discretion, determines that it warrants in the light of all the evidence.

(b) Where it has been determined that a witness who is outside the State of New York or New Jersey will voluntarily answer interrogatories, commission staff counsel or a party may propound interrogatories to be answered by such witness and the other side shall have the opportunity to propound cross-interrogatories as prescribed herein.

(c) The interrogatories and cross-interrogatories shall be settled and forwarded by the administrative judge to be answered in writing and subscribed to under oath by such witness. Upon application to the commission, the commission may make an order providing for the taking of such witness' oral testimony pursuant to the settled interrogatories by a person designated by the commission. The expenses of taking such testimony shall be borne by the applicant therefor unless the commission provides otherwise.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 6.11