The court may confer immunity upon any witness in accordance with the provisions of section 50.20 of the criminal procedure law for testimony or evidence in an enforcement procedure relating to disposition of property in which the judgment debtor has an interest, or relating to his or another person’s claim to be entitled, as against the judgment creditor or a receiver, to hold property derived from or through the judgment debtor, or to be discharged from the payment of a debt which was due to the judgment debtor; provided, however, that no immunity shall be conferred except upon twenty-four hours’ written notice to the appropriate district atorney having an official interest therein.
§ 5211.Privilege on examination; immunity.
Article 52. Enforcement of Money Judgments · Last amended 1971 · Last verified July 21, 2026
In one sentenceLets a court grant a witness immunity in an enforcement proceeding concerning the debtor's property, so a person can be compelled to testify without that testimony being used against them, but only after twenty-four hours' written notice to the local district attorney.
Full Text of CPLR 5211
Plain-English Summary
Enforcement proceedings sometimes require testimony from people who would otherwise invoke a privilege against self-incrimination, someone who helped move or hide the debtor's assets, for instance. CPLR 5211 lets the court break that logjam by conferring immunity, under the same standard as Criminal Procedure Law section 50.20, on a witness testifying about disposition of the debtor's property, about a claim to hold property derived from the debtor, or about a claim to be discharged from a debt owed to the debtor.
The immunity power comes with a built-in check: the court cannot confer it until the appropriate district attorney has received twenty-four hours' written notice. That gives prosecutors a chance to weigh in before a witness gets protection that could affect a separate criminal investigation.
Frequently Asked Questions
Can a witness be forced to testify about hidden assets in a New York enforcement proceeding?
Yes. CPLR 5211 lets the court grant that witness immunity so testimony about the debtor's property cannot later be used against them.
Does the district attorney get a say before immunity is granted?
Yes. The court must give the appropriate district attorney twenty-four hours' written notice before conferring immunity.
What kind of testimony does CPLR 5211 immunity cover?
Testimony about how the debtor's property has been disposed of, about a claim to hold property derived from the debtor, or about a claim to be discharged from a debt owed to the debtor.
What standard governs immunity granted under CPLR 5211?
The same standard set out in section 50.20 of the Criminal Procedure Law.
Why would a court need to grant immunity in a civil collection case?
Because a witness with relevant knowledge about the debtor's assets might otherwise refuse to testify by invoking the privilege against self-incrimination.
Advisory Committee Notes
This section is derived from CPA § 789, which was amended in 1953. Laws 1953, c. 892. The language has been somewhat simplified but the substance of the provision remains unchanged. The court’s intervention may be secured, pursuant to CPLR § 5240, where matter sought is not privileged in the sense of this section but would cause undue hardship or embarrassment.
Revision Notes: [1971, ch 1097] This act was intended to complement the Criminal Procedure Law (Chapter 996, Laws 1970) which replaced the Code of Criminal Procedure on September 1, 1971. Throughout the consolidated and unconsolidated laws there were references to various provisions of the Code of Criminal Procedure. In this act, these references have been amended to reflect the appropriate provision of the Criminal Procedure Law or, if such be the case, the appropriate section outside the Criminal Procedure Law to which a companion act has transferred such Code provision. In addition, this act has deleted various statutes which either conflicted with or were otherwise treated in the Criminal Procedure Law.
Amendment History
Add, L 1962, ch 308; amd, L 1967, ch 680, § 15; L 1971, ch 1097, § 7 eff Sept 1, 1971.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: witness immunity judgment enforcement New Yorkimmunity examination judgment debtor assetsCPLR 5211 district attorney noticecompel testimony hidden assets New York