§ 1357. — 1357. (Amended by Stats. 1989, Ch. 1360, Sec. 115.)

California § 1357.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 10.
• Part 2.: TITLE 10. MISCELLANEOUS PROCEEDINGS
• Ch. 5.: CHAPTER 5. Examination of Witnesses on Commission

Text

The commissioner, unless otherwise specially directed, may execute the commission in the following order:
(a)
He or she shall publicly administer an oath to the witness that his or her answers given to the interrogatories shall be the truth, the whole truth, and nothing but the truth.
(b)
He or she shall cause the examination of the witness to be reduced to writing and subscribed by the witness.
(c)
He or she shall write the answers of the witness as near as possible in the language in which he or she gives them, and read to the witness each answer as it is taken down, and correct or add to it until it conforms to what he or she declares is the truth.
(d)
If the witness declines to answer a question, that fact, with the reason assigned by him or her for declining, shall be stated.
(e)
If any papers or documents are produced before him or her and proved by the witness, they, or copies of them, shall be annexed to the deposition subscribed by the witness and certified by the commissioner.
(f)
The commissioner shall subscribe his or her name to each sheet of the deposition, and annex the deposition, with the papers and documents proved by the witness, or copies thereof, to the commission, and shall close it up under seal, and address it as directed by the indorsement thereon.
(g)
If there is a direction on the commission to return it by mail, the commissioner shall immediately deposit it in the nearest post office. If any other direction is made by the written consent of the parties, or by the court or judge, on the commission, as to its return, the commissioner shall comply with the direction.
A copy of this section shall be annexed to the commission.

Legislative History

Amended by Stats. 1989, Ch. 1360, Sec. 115.