§ 16-45-105 — Production of affiant for cross-examination upon motion to discharge provisional remedy

Where a provisional remedy is granted upon an affidavit and a motion is made to discharge or vacate the remedy, either before or after pleading to the cause, the party against whom the remedy is granted may, by written notice to the party by whom it was obtained or by an order or rule of the court, require the production of the person who made the affidavit for cross-examination. Thereupon, the party notified shall produce the affiant within ten (10) days before an officer authorized to take depositions, at a time and place of which he shall give the adverse party three (3) days' notice. If the affiant is not produced, his affidavit shall be suppressed. If the affiant is produced, he may be examined by either party. If on cross-examination the affidavit shall be shown to be false, then the provisional remedy shall be discharged.

Legislative History

Civil Code, § 601; Acts 1895, No. 83, § 1, p. 111; C. & M. Dig., § 4201; Pope's Dig., § 5212; A.S.A. 1947, § 28-203.