Section 680.70. Examination of witnesses on commission; the examination  


Latest version.
  • The examination on the commission must be conducted as follows:
        1.   Each witness must testify under oath, and the examination must be
      recorded and transcribed.
        2.  Each witness must first be asked all the  questions  contained  in
      the  interrogatories  submitted by the party requesting his examination.
      He  must  then  be  asked   all   the   questions   contained   in   the
      cross-interrogatories, if any, submitted by the other party.
        3.    The  defendant  has  a right to be represented by counsel at the
      examination, and the district attorney also has a right to  be  present,
      but  both  such  rights  may  be  waived.    Upon  the conclusion of the
      questioning of a witness upon the written  interrogatories,  he  may  be
      further  examined  by  the  attorney  or representative of the party who
      requested his  examination,  and  may  then  be  cross-examined  by  the
      attorney  or representative of the adverse party.  Each such attorney or
      representative   may   register   objections   to   the   authority   or
      qualifications   of  the  commissioner,  to  the  manner  in  which  the
      examination is conducted, and to the admissibility of evidence, and  all
      such objections must be recorded and transcribed.
        4.    Documentary  or  other  physical  evidence  may  be produced and
      submitted by a witness.  Such evidence must be subscribed  or  otherwise
      identified  by  the witness, and certified by a commissioner and annexed
      to the transcript of the examination as a part of the record.
        5.    After  the  examination  is  transcribed,  the  commissioner  or
      commissioners  must  subscribe and certify the transcript as an accurate
      record of the proceedings, and must then remit such transcript  and  all
      other  pertinent  instruments, documents and evidence to the court which
      issued the commission, in accordance with the directions thereof.