The court may require that direct testimony of a party's own witness in a non-jury trial or evidentiary hearing shall be submitted in affidavit form, provided, however, that the court may not require the submission of a direct testimony affidavit from a witness who is not under the control of the party offering the testimony. The submission of direct testimony in affidavit form shall not affect any right to conduct cross- examination or re-direct examination of the witness.
N.Y. Comp. Codes R. & Regs. Tit. 22 r. 202.70.32-a