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Rule 202. Request for Issuance (1950)

TEXT

Upon the application of any party to a suit who desires to take the oral deposition of a witness, the clerk of the court in which the cause is pending shall immediately issue a commission to take the deposition, fixing the time and place for the taking of the testimony as set out in the application. The officer authorized to take the deposi­tion and to whom the commission is delivered shall immediately issue and cause to be served upon the witness a subpoena directing him to appear before said officer at the time and place, in the county of the residence of the witness, named in the commission for the purpose of giving his deposition; provided that where the wit­ness is a party to the suit with an attorney of record, service of the subpoena in such case may be made upon the attorney representing the witness, and if the witness fails to appear in answer to the subpoena, except for good cause shown, such party shall not be permitted to present his grounds for relief or his defenses.

The deposition shall not be taken until the opposite party, or his attorney of record, has had the ten days notice provided for in Rule 200.

Amended by order of Oct. 12, 1949, eff. March 1, 1950: The words "in the county of the residence of the witness" and the proviso in the second sentence have been added.

Note rewritten by order of April 12, 1962, eff. Sept. 1, 1962: Language added requiring that subpoena direct witness to appear at the time and place “in the county of the residence of the witness” named in the commission, authorizing service of the subpoena on the attorney representing the witness where the latter is a party with an attorney of record, and providing for sanctions in the event a party fails to appear in answer to the subpoena.