Section 680.60. Examination of witnesses on commission; form and content of the commission  


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  • 1.  The commission must be subscribed by the court and must contain:
        (a)  The name and address of each witness to be examined; and
        (b)    The  name,  or  a  descriptive  title,  of  a  commissioner  or
      commissioners  who,  pursuant  to  subdivision  two,  are  authorized to
      conduct the examination; and
        (c)  A statement authorizing such  commissioner  or  commissioners  to
      administer the oath to witnesses; and
        (d)    A  direction  that,  upon  completion of such examination, such
      commissioner or commissioners cause it to be transcribed  and  remit  to
      the  court  the  transcript, the commission, the interrogatories and all
      other pertinent instruments and documents.
        2.  The following persons may be designated commissioners:
        (a)  If the examination is to occur within the United  States  or  any
      territory  thereof,  any  attorney  authorized  to  practice  law in the
      specified jurisdiction or any  person  authorized  to  administer  oaths
      therein;
        (b)    If  the  examination  is  to  occur  in  a foreign country, any
      diplomatic or consular agent or  representative  of  the  United  States
      employed  in  such capacity in such country, or any commissioned officer
      of the armed forces.
        3.   The court  must  cause  the  commission  to  be  delivered  to  a
      commissioner designated therein, together with a copy of this article.