Section 680.80. Examination of witnesses on commission; use at trial of transcript of examination


Latest version.
  • 1.  When the transcript and record of the  examination  on  commission
      are  received  by  the  superior court which issued the commission, they
      must be filed therewith if such court be the trial court, and,  if  not,
      transmitted  to  the  trial  court.    A  copy of the transcript must be
      delivered by the trial court to each party.
        2.  Upon the trial of the action, either party  may,  subject  to  the
      provisions  of  subdivision  three, introduce and read into evidence the
      transcript or that portion thereof containing the testimony of a witness
      examined on the commission.
        3.  At any time prior to the introduction of such evidence, the  trial
      court  may  examine  the  transcript  and,  upon  according both parties
      opportunity to be heard and to  register  objections,  may  exclude  and
      strike  therefrom  irrelevant,  incompetent  or  otherwise  inadmissible
      testimony.  While the transcript or any portion thereof  is  being  read
      into  evidence at the trial by a party, the other party may register any
      objection or protest thereto that he would be entitled to register  were
      the witness testifying in person, regardless of whether such protest has
      previously  been raised and passed upon by the court, and the court must
      rule thereon.