§ 660.40 Examination of witnesses conditionally; application and notice.\n 1. An application to examine a witness conditionally must be made in\nwriting, must be subscribed and sworn to, and must contain:\n (a) The title of the action, the offense or offenses charged, the\nnature and status of the action, and the name and residential address of\nthe witness sought to be examined; and\n (b) A statement that there is reasonable cause to believe that grounds\nfor such an examination, as specified in section 660.20, exist, together\nwith allegations of fact supporting such statement. Such allegations of\nfact may be those of the applicant, or those of another person in an\naccompanying deposition, or of both. They may be based either upon\npersonal knowledge of the deponent or upon information and belief,\nprovided that in the latter event the sources of such information and\nthe grounds of such belief are stated.\n 2. The application may also contain a request that the examination, in\naddition to its being recorded in the same manner as would be required\nwere the witness testifying at trial, also be recorded by videotape or\nother photographic method approved by and subject to standards and\nadministrative policies promulgated pursuant to section twenty-eight of\narticle six of the constitution.\n 3. A copy of the application, with reasonable notice and opportunity\nto be heard, must be served upon the other party to the action. If the\ndefendant is the applicant, such service must be upon the district\nattorney. If the people are the applicant, such service must be upon the\ndefendant and upon his attorney if any. The respondent party may file\nand serve a sworn written answer to the application.\n
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