Examination of witnesses conditionally; determination of application

§ 660.50 Examination of witnesses conditionally; determination of\n application.\n 1. Before ruling upon the application, the court may, in addition to\nexamining the papers and hearing oral argument, make any inquiry it\ndeems appropriate for the purpose of making findings of fact essential\nto the determination. For such purpose, it may examine witnesses, under\noath or otherwise, subpoena or call witnesses and authorize the\nattorneys for the parties to do so.\n 2. If the court is satisfied that grounds for the application exist,\nit must order an examination of the witness conditionally at a\ndesignated time and place. Such examination must be conducted by the\nsame court; except that, if it is to be held in another county, it may\nbe conducted by a designated superior court of such other county.\n 3. The court must order that the examination be recorded in the same\nmanner as would be required were the witness testifying at trial, and\nthe court may, in addition, order that the examination also be recorded\nby videotape or other photographic method approved by and subject to\nstandards and administrative policies promulgated pursuant to section\ntwenty-eight of article six of the constitution.\n 4. Upon ordering the examination, the court must direct the party\nsecuring the order of examination to serve a copy of the order upon the\nrespondent party and, if a defendant be such, upon his attorney also,\nand must either issue a subpoena for the witness' attendance thereat or\nauthorize the applicant party's attorney to do so.\n