2005 Idaho Code - 19-3209 — EXECUTION OF COMMISSION

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 32
                           EXAMINATION OF WITNESSES
                                ON COMMISSION
    19-3209.  EXECUTION OF COMMISSION. The commissioner, unless otherwise
specially directed, may execute the commission as follows:
    1.  He must publicly administer an oath to the witness, that his answers
given to the interrogatories shall be the truth, the whole truth and nothing
but the truth.
    2.  He must cause the examination of the witness to be reduced to writing,
and subscribed by him.
    3.  He must write the answers of the witness as near as possible in the
language in which he gives them, and read to him each answer as it is taken
down, and correct or add to it until it conforms to what he declares is the
truth.
    4.  If the witness decline answering a question, that fact, with the
reason assigned by him for declining, must be stated.
    5.  If any papers or documents are produced before him and proved by the
witness, they, or copies of them, must be annexed to the deposition subscribed
by the witness and certified by the commissioner.
    6.  The commissioner must subscribe his name to each sheet of the
deposition, and annex the deposition, with the papers and documents, proved by
the witness, to the commission, and must close it up under seal, and address
it as directed by the endorsement thereon.
    7.  If there is a direction on the commission to return it by mail, the
commissioner must 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, he must comply with the
direction. A copy of this section must be annexed to the commission.