New York Civil Practice Law and Rules Code § 3108

Written questions; when permitted
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Rule 3108. Written questions; when permitted. A deposition may be\ntaken on written questions when the examining party and the deponent so\nstipulate or when the testimony is to be taken without the state. A\ncommission or letters rogatory may be issued where necessary or\nconvenient for the taking of a deposition outside of the state.\n

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