New York Electronic Testimony Application And Waiver of Physical Presence is a form used in New York State to allow a witness to testify electronically from a remote location in lieu of appearing in court in person. This form is also known as a “waiver of physical presence” or “e-testimony” and is available in two versions: one for civil proceedings and one for criminal proceedings. Both versions allow the witness to submit a sworn statement, answer questions, and make presentations via live video or audio-visual technology. The form also waives the witness’ right to appear in court in person, and permits the court to accept and consider the witness’s testimony.