(a) The court in which any civil action or probate proceeding is pending, and any judge of the court when the court is not in session, may issue a commission to any person in the armed forces, as defined in section 27-103, authorizing him to take the deposition of any person in the armed forces, to be used as testimony in the civil action or probate proceeding. Such commissioner may administer the requisite oath to any such person to be deposed.
(b) The deposition shall be taken by interrogatories on the part of the party taking the deposition, of which reasonable notice shall be given to each adverse party, and by cross-interrogatories by each adverse party, with like notice to the other side. The commission, with the interrogatories and cross-interrogatories, shall be forwarded to the commissioner, who shall make return of his proceedings to the court, under seal, addressed to the clerk of the court, if there is one, otherwise to the judge.
(1949 Rev., S. 7875; 1955, S. 3154d; 1957, P.A. 163, S. 43; 1967, P.A. 656, S. 39; P.A. 82-160, S. 73; P.A. 18-72, S. 13.)
History: 1967 act substituted language “when the court is not sitting” for reference to court's being “in vacation”; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 18-72 made a technical change in Subsec. (a).
Cited. 146 C. 252; 211 C. 555; 229 C. 716; 230 C. 1.
Cited. 23 CS 249.