Research

Scope and Content Note

This series consists of writs of commission issued under seal of the Supreme Court of Judicature (or, after 1847, unsealed commissions issued by the Supreme Court), directed to commissioners appointed to take depositions under oath from witnesses residing in other states or countries.

The return to the writ consists of the answers of the witness, transcribed by the commissioners and certified by them. Attached to the writ and the return are the interrogatories, and occasionally cross-interrogatories, submitted by attorney for parties to the action. They were originally filed or kept in the office of the Supreme Court of Judicature in New York City, and it is not known why they were sent to the Court of Appeals in Albany. Rules for issuance of a writ of commission were entered in the minute books of the Supreme Court of Judicature for New York City, now on file in the New York County Clerk's office.