Examinations before trial

§ 17. Examinations before trial. 1. By the state. The attorney-general, upon five days' notice to the attorney for the claimant or to the claimant if there be no attorney, may require any person filing a notice of claim for any cause whatever against the state to be sworn before him or one of his deputies or assistants within the county of the claimant's residence, relating to such claim, and when so sworn, to answer orally as to any facts relative to the justness of such claim. In any such claim brought for personal injuries where the state shall have availed itself of an examination pursuant to section seventeen-a of this article the state shall not be entitled to an examination upon oral questions. Whenever any claim for the appropriation of property is pending or has been determined in the court of claims and the attorney-general is required by law to examine the title of the claimant thereto, prior to the payment of an award, the attorney-general may require such claimant to be sworn before him or one of his deputies or assistants within the county of the claimant's residence, or if the claimant be a corporation within the county where its principal place of business in this state is located, or if the claimant be a non-resident within the county where the property is situated, relating to such title, and when so sworn, to answer orally as to any facts relative to the title of such property. The attorney-general may also require such claimant to file with him an affidavit stating any material facts relating to such title. Wilful false swearing before the attorney-general or his deputy or assistant is perjury and punishable as such.

2. By the claimant. Examination before trial by the claimant shall be available as provided in subdivision (f) of section thirty-one hundred two of the civil practice law and rules.