§ 508 Before whom testimony may be taken; issuance of commission

If you need to get someone's testimony for a Surrogate's Court case, this rule explains who is allowed to collect that testimony. Testimony can be taken by an attorney, whether the witness is located inside New York, somewhere else in the country, or even in another country. This is in addition to the other people already allowed to take testimony under New York's regular civil court rules.

The court can also officially authorize someone to take testimony by issuing what's called a commission. This commission can go to someone already allowed to take testimony under the standard civil rules, or to a licensed attorney, either one from New York or one from wherever the testimony is actually being taken.

In plain terms, this rule gives families and lawyers flexibility. If a witness lives far away or outside the country, the court doesn't require testimony to only happen in a courtroom in New York. Instead, a qualified attorney can handle it, making it easier to gather evidence no matter where people are located.