§ 9-18-9 — Court grant of commission to take deposition.
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Any court may, on the motion of either party in any action, suit, or
proceeding, civil or criminal, pending therein, in which a deposition may be
used, or before any commissioners, referees, or auditors appointed by any such
court or under a rule from it, grant a commission to take depositions according
to law, whenever it may be necessary to prevent a failure or delay of justice,
on such terms as such court, by general or special order, may direct; and the
deposition, so taken, may be used in any state of the cause, on appeal or
otherwise.