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served.

Sec. 610. In all cases where a party to a suit is required to submit the interrogatories to be put to witnesses whose testi- Interrogatomony is to be taken under commission, it shall be the duty of res to be the party submitting the same, to have them served on the adverse party, or his counsel, three days previous to having them forwarded.

C. P. 426; D. Sec. 556, 3971; 2 A. 138; 11 A. 203; 15 A. 683; 16 A. 100. Act 1828, p. 152, § 7.

and day not

given to

Sec. 611. Whenever interrogatories in writing have been annexed to the commission, and communicated either to the opposite party or his counsel, it shall be no longer necessary to give notice in writing to the party of the place and day when Notice of place the depositions of the witnesses shall be taken, saving to both necessary to be parties, or either of them, the right of being present, if they opposite party. think it proper, at the taking of the depositions, but without being permitted to add any further questions to those contained in the aforesaid interrogatories, except with the consent of the other party.

C. P. 428, 438; D. Sec. 557, 8972; 15 R. 190; 10 A. 766; 19 A. 3. Act 1829, p. 152, § 9.

Sec. 612. Article four hundred and thirty-three shall be amended by striking out the words, "and seal the same with his private seal."

C. P. 433; D. Sec. 558. Act 1839, p. 164, § 8.

cause, how

Sec. 613. Commissions to take testimony may issue at any time after the service of petition and citation; whenever a commission to take testimony shall have been returned, the party intending to use the depositions taken under the same, may, on filing them in the clerk's office, file a notice or take a rule, Rule to show which must be served on the opposite party or his counsel, to taken. show cause why the same should not be used as evidence in the cause; where upon the party on whom the rule is taken shall be bound to urge any objections, if any he have, to the admission in evidence of the depositions founded on any irregularity in the execution of the commission; and if he fail so to do before the cause is called up to trial on its merits, all such objections shall be considered as waived; Provided, That no objections to the Provided. deposition, except such as are founded on irregularity in executing the commission, shall be decided on in such rule.

C. P. 138, 424, 425, 436, 439, 467; D. Sec. 554, 607, 3969; 14 A. 795; 15 A. 392; 16 A. 100; 24 A. 589. Act 1889, p. 168, § 17.

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Clerks of

Sec. 614. In the several parishes of the State (the parish of Orleans excepted), the clerks of the several district and parish courts of the several parishes of the State be and they are take deposi- hereby constituted commissioners for the taking of depositions of witnesses to be used in any of the courts of this State.

courts may

tions in certain cases.

Applicant

shall apply to the clerk.

Testimony, how verified.

C. P. 425, 430; D. Sec. 488, 2532, 3969. Act 1868, p. 114.

Sec. 615. Whenever a party to a suit pending in any of the courts of this State shall desire to have the depositions of witnesses, on whose testimony he relies, taken in writing, said party shall apply to the clerk of the court in which said suit is pending, to take the testimony of his witnesses in writing, and thereupon said clerk shall proceed to take the testimony of such witnesses in writing, either by himself or some other disinterested person, in his presence, after giving to the opposite party or parties, or their attorneys, at least two days' previous notice of the time and place specified in said notice; and if the party or his counsel reside out of the parish, ten days' notice shall be given, to date from the service of notice; which depositions, when so reduced to writing as aforesaid, shall be sworn to and signed by each witness, if he knows how to write; if not, by his ordinary mark, attested by the clerk taking the same, which depositions, when so taken, shall be certified to by the clerk taking the same, under the seal of the court attached thereto, and forth with filed in the records of the suit.

C. P. 428, 430, 434; D. Sec. 489, 2533.

to testimony.

Sec. 616. Should any objection be made by either of the parties or their attorneys, to the taking any part or the whole Parties makof the deposition of any witness, it shall be the duty of the ing objection clerk to take down the question of the party, the answer of the witness thereto, as well as the objections made to the same, stating by whom such objection is made, as a part of the proceedings had, the regularity of which or any part of which objection shall be determined by the court in which the depositions are to be made on the trial of the cause.

D. Sec. 490, 2534.

be used as testimony on

Sec. 617. All depositions of witnesses, taken as aforesaid, shall be evidence for either party desiring to use the same on the Depositions to trial of the suit in which they are taken, subject to the rejection by the court of such portion or the whole thereof as may have trial. been objected to at the taking of the same, or such other legal objection as may be made to the introduction thereof at the trial of the cause.

D. Sec. 491, 2535.

Clerks may compel attend

Sec. 618. For the purpose of carrying this act into effect, the clerks of the courts be and they are hereby empowered to compel attendance of witnesses by subpena or attachment, as the ance of witcase may be, issued in the case and in the name of the court where the testimony is to be taken.

D. Sec. 492, 2536, 3597.

nesses.

Sec. 619. All notices, subpenas or attachments issued by said Sheriff or conclerk shall be served by the sheriff of the parish or by his stable shall deputy, or by a constable, in case of the absence of the sheriff serve subor his deputy, who shall make due return of the mode and

manner of the service.

D. Sec. 493, 2537, 3598.

penas.

Fees for serv

Sec. 620. The sheriff or constable serving such notice, subpena or attachment, shall be entitled to charge the same fees and mileage allowed by the fee bill for serving subpenas, and the ices of clerk.' elerk taking such depositions shall be allowed to charge and receive the following fees, and no more, to wit:

For issuing each notice to parties, with seal, twenty-five cents, including copy of the same.

For issuing each subpena or attachment, with seal, twentyfive cents, including copy of the same.

For swearing each witness, twenty cents.

For writing each caption and deposition of each witness and certificate, for each one hundred words, twenty cents.

For affixing seal, twenty-five cents, which fee shall be charged like other costs, with the costs of the suit in which they are

taken.

D. Sec. 494, 2538.

Sec. 621. For the purposes of this act within the parish of Orleans, any notary public or clerk of a district court is hereby Notaries and appointed commissioner to take testimony of witnesses in suits parish of Or

clerks in the

ed commis

sioners.

leans appoint-pending in the courts of the parish of Orleans, before either of whom the parties to any suit pending in any court of the parish of Orleans may proceed to have the testimony of witnesses taken in the mode and manner hereinbefore specified, and said commissioners shall be vested with all the powers herein granted to the clerks of the courts out of the parish of Orleans; And provided, That said commissioners, or either of them, may proceed to take such deposition, on giving twenty-four hours' notice to the opposite party, or his counsel, of the time and place of taking the deposition; for this purpose, notaries public are authorized to administer oaths, and to execute commissions to take testimony issued from other States or parishes of this State in the manner required by law.

C. P. 424, 433; D. Sec. 512, 2539,

Sec. 622. Said commissioners shall, on the completion of the Depositions to deposition taken before them, securely inclose the same in an envelope, and deliver the same to the clerk of the court in which the suit is pending.

be sent to

court.

Fees for services of sheriff or constable.

Fees of commissioners.

may be

C. P. 433; D. Sec. 2540.

Sec. 623. The sheriff of the parish of Orleans, or any of his lawful deputies, or any constable of said parish, shall serve all notices, subpenas, attachments or other process herein authorized to be issued, who shall make due return of the mode and manner of service to the commissioner who issued it, and for which he shall be entitled to demand and receive the following fees and no more:

For serving each notice or subpena, fifty cents.
For serving each attachment, one dollar.

D. Sec. 759, 777, 2541, 3631.

Sec. 624. Each of said commissioners shall be authorized to charge and receive the following fees, and no more, to wit: For issuing each notice, twenty-five cents, including copy of the same.

For each subpena or attachment, twenty-five cents, including copy of the same.

For writing depositions of witnesses, with caption and certificate, for each one hundred words, twenty cents.

For affixing official seal, twenty-five cents.

For swearing each witness, twenty cents, to be charged like other costs, with the costs of the suit in which the testimony is taken; the above fees, and no more, may be charged when executing commissions from other parishes or States.

D. Sec. 2090, 2542.

Sec. 625. Any party to a suit or proceeding in any court of How witnesses this State shall have the right to have the personal attendance brought into of any witness in open court, on the trial of his case, by his filing in the suit his application for a subpena for any such witness, accompanied by the affidavit of himself or his attorney, that the personal attendance of such witness in open court on

court.

the trial of the case is necessary, in order to elicit the truth from such witness, which can not be done by taking his deposition out of court; and that in all cases where a jury is prayed for and granted by the court the party shall be entitled to have the witnesses subpenaed to attend in open court without the above affidavit, if he shall so desire in writing filed in the suit.

C. P. 465; D. Sec. 3959.

In what cases

into court.

Sec. 626. Any party to a suit or proceeding in any of the courts of this State in the parish of Orleans shall have the right witnesses may to have the personal attendance of any witnesses in open court be brought in the trial of his case or proceeding, by subpenaing the witness to attend on the trial, unless the testimony of such witness has before the trial been taken contradictorily with the parties according to the provisions of an act entitled "An Act to provide for taking the testimony of witnesses in suits pending in the courts of this State," approved September sixteen, eighteen hundred and sixty-eight, and it shall be the duty of all courts in this State to call and hear the testimony of all competent witnesses in any case or proceeding in open court when the witness appears to give testimony, whether he is subpenaed or not; such testimony shall be taken in writing in all cases when by law it is required to be so taken.

C. P. 466; D. Sec. 2016, 3960. Act 1869, p. 130.

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