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Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts


Rules of the Chief Judge


PART 32. Videotaping Of Conditional Examinations Of Witnesses In Criminal Cases
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32.1 When permitted
32.2 Application and notice
32.3 Conduct of examination
32.4 Copies
32.5 Custody of recordings
32.6 Use at trial
32.7 Cost
32.8 Appeal

Section 32.1 When permitted.

Conditional examinations authorized pursuant to sections 660.40 and 660.50 of the Criminal Procedure Law may be conducted by means of videotape or photographic recording, provided the recording is made in conformity with this Part.

Historical Note
Sec. filed Aug 16, 1972; amd. filed Dec. 18, 1972; repealed, new added by renum. 35.1, filed Feb. 2, 1982 eff. Jan. 1, 1982.

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Section 32.2 Application and notice.

An application requesting that a conditional examination be recorded, for audiovisual reproduction and preservation, by videotape or other photographic method, and any order granting that application shall state the name and address of the operator and of his or her employer.

Historical Note
Sec. filed Aug 16, 1972; repealed, new added by renum. 35.2, filed Feb. 2, 1982 eff. Jan. 1, 1982.

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Section 32.3 Conduct of examination.

(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.

Historical Note
Sec. filed Aug 16, 1972; amd. filed Dec. 18, 1972; repealed, new added by renum. 35.3, filed Feb. 2, 1982 eff. Jan. 1, 1982.

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Section 32.4 Copies.

The parties may make copies of the examination and thereafter may purchase additional copies.

Historical Note
Sec. filed Aug. 16, 1972; amds. filed: Dec. 18, 1972; Sept. 26, 1973; May 19, 1976; repealed, new added by renum. 35.4, filed Feb. 2, 1982 eff. Jan. 1, 1982.

 
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Section 32.5 Custody of recordings.

When the tape or film is filed with the clerk of the court, the clerk shall give an appropriate receipt, shall provide secure and adequate facilities for the storage of such recordings, and thereafter shall keep appropriate records as to the possession and custody of such recordings.

Historical Note
Sec. filed Aug. 16, 1972; repealed, new added by renum. 35.5, filed Feb. 2, 1982 eff. Jan. 1, 1982.

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Section 32.6 Use at trial.

The use of recordings of examinations at the trial shall be governed by the provisions of the Criminal Procedure Law, and all other relevant statutes, court rules and decisional law relating to depositions and to the admissibility of evidence. The proponent of the examination shall have the responsibility of providing whatever equipment and personnel may be necessary for presenting the examination.

Historical Note
Sec. filed Aug. 16, 1972; amds. filed: Dec. 18, 1972; Sept. 26, 1973; May 19, 1976; repealed, new added by renum. 35.6, filed Feb. 2, 1982 eff. Jan. 1, 1982.

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Section 32.7 Cost.

The cost of videotaping or photographic recording shall be borne by the applicant.

Historical Note
Sec. filed Aug. 16, 1972; amd. filed Dec. 18, 1972; repealed, new added by renum. 35.7, filed Feb. 2, 1982 eff. Jan. 1, 1982.

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Section 32.8 Appeal.

On appeal, videotaped or photographically recorded examinations shall be transcribed in the same manner as other testimony, and transcripts shall be filed in the appellate court. The transcripts shall remain part of the original record in the case and shall be transmitted therewith.

Historical Note
Sec. filed Aug. 16, 1972; repealed, new added by renum. 35.8, filed Feb. 2, 1982 eff. Jan. 1, 1982.