2023 New York Laws › CVP - Civil Practice Law and Rules › Article 31 - Disclosure › R3113 - Conduct of the Examination.

Rule  3113.  Conduct  of  the  examination.  (a)  Persons  before whom
depositions may be taken. Depositions may be taken  before  any  of  the
following  persons except an attorney, or employee of an attorney, for a
party or prospective party and except a person who would be disqualified
to act as a juror because of interest in the event or  consanguinity  or
affinity to a party:
1.  within  the state, a person authorized by the laws of the state to
administer oaths;
2. without the  state  but  within  the  United  States  or  within  a
territory  or  possession  subject  to  the  jurisdiction  of the United
States, a person authorized to take acknowledgments of deeds outside  of
the  state  by the real property law of the state or to administer oaths
by the laws of the United States or of the place where the deposition is
taken; and
3.  in  a  foreign  country,  any  diplomatic  or  consular  agent  or
representative  of  the  United  States, appointed or accredited to, and
residing within, the country, or a person  appointed  by  commission  or
under  letters rogatory, or an officer of the armed forces authorized to
take the acknowledgment of deeds.
Officers may be designated in notices or commissions either by name or
descriptive  title  and  letters  rogatory  may  be  addressed  "To  the
Appropriate Authority in (here name the state or country)."
(b)  Oath  of  witness; recording of testimony; objections; continuous
examination; written questions read by examining  officer.  The  officer
before  whom the deposition is to be taken shall put the witness on oath
and shall personally, or by someone acting under his  direction,  record
the  testimony. The testimony shall be recorded by stenographic or other
means, subject to such rules as may be adopted by the appellate division
in the department where the action is pending. All  objections  made  at
the  time of the examination to the qualifications of the officer taking
the deposition or the person recording it, or to the  manner  of  taking
it,  or to the testimony presented, or to the conduct of any person, and
any other objection to the proceedings, shall be noted  by  the  officer
upon  the  deposition  and  the  deposition shall proceed subject to the
right of a person to apply for a protective order. The deposition  shall
be  taken  continuously and without unreasonable adjournment, unless the
court otherwise orders or the  witness  and  parties  present  otherwise
agree. In lieu of participating in an oral examination, any party served
with notice of taking a deposition may transmit written questions to the
officer, who shall propound them to the witness and record the answers.
(c)     Examination    and    cross-examination.    Examination    and
cross-examination of deponents shall proceed as permitted in  the  trial
of actions in open court, except that a non-party deponent's counsel may
participate  in  the  deposition and make objections on behalf of his or
her client in  the  same  manner  as  counsel  for  a  party.  When  the
deposition  of a party is taken at the instance of an adverse party, the
deponent  may  be  cross-examined  by   his   or   her   own   attorney.
Cross-examination  need  not  be  limited  to  the subject matter of the
examination in chief.
(d) The parties may stipulate that a deposition be taken by  telephone
or  other  remote  electronic  means  and  that  a party may participate
electronically. The stipulation shall designate reasonable provisions to
ensure that an accurate record of the  deposition  is  generated,  shall
specify,  if  appropriate, reasonable provisions for the use of exhibits
at the deposition; shall specify who must  and  who  may  physically  be
present  at  the  deposition; and shall provide for any other provisions
appropriate under the circumstances. Unless otherwise stipulated  to  by
the  parties,  the  officer  administering  the oath shall be physically

present at the place of the  deposition  and  the  additional  costs  of
conducting  the  deposition  by  telephonic  or  other remote electronic
means, such as telephone charges, shall be borne by the party requesting
that the deposition be conducted by such means.