Section 17-131. Order for examination before justice of supreme court  


Latest version.
  • a. Any
      justice  of  the supreme court of the first or second department, or who
      is holding court or chambers therein, upon the  written  application  of
      the  commissioner,  may issue his or her order by him or her subscribed,
      for the examination without unreasonable delay by or before such justice
      of any person or persons, and the production of books or papers  or  the
      inspection and taking of copies of the whole or parts thereof, at a time
      and  place  within  the city, and in such order to be named, provided it
      shall appear to the satisfaction of  such  justice  or  court  that  any
      matter  or  point  affecting life or health is involved. It shall be the
      duty of such justice to take  or  superintend  such  examination,  which
      shall  be  under  oath,  and  shall  be  signed  by the party or parties
      examined and be certified by the justice, and with any copies  of  books
      or  papers,  to  be  delivered  to  the  department  for  the use of the
      department.
        b. Such examination, and any proceeding connected therewith, or  under
      such  order,  may wholly or in part be had, conducted or continued by or
      before any other of such justices, as well as  that  one  who  made  the
      order;  and in and about the same, every such justice shall have as full
      power and authority to punish for contempt,  and  enforce  obedience  to
      such  or  other order or direction or that of any other judge respecting
      the matter as any such justice of the supreme court  may  now  have,  or
      shall  possess,  to  enforce obedience or punish contempt in any case or
      matter whatsoever. Such application shall name or describe the person or
      persons whose examination is sought, and so far as possible the books or
      papers desired to be inspected, and the matter or points affecting  life
      or  health as to which the commissioner requests the examination to take
      place, and the justice shall on the proceedings, decide  what  questions
      are  pertinent  and  allowable in respect thereto, and shall require the
      same to be properly answered; but no answer of any  person  so  examined
      shall  be  used  in any criminal proceeding. Service of any order of any
      such justice may be made, and the same proved in the same manner as  the
      service  of either an injunction or a subpoena. And it shall be the duty
      of the justice to facilitate the early determination of the proceedings.