(a) In an action under this subchapter, if it appears, by affidavit, that there is a material witness residing out of the county, whose attendance it is not practicable to procure, the justice may make a rule that such witness’s deposition be taken before a justice of the peace sitting in the county in which the witness resides.
(b) Unless it is otherwise agreed, the party applying for a rule that a deposition be taken shall file in writing all the questions to be put to the witness, giving at least 4 days’ notice to the other party, who may file other questions.
(c) The justice shall forward a copy of the rule and the questions to the justice of the peace selected with a copy of this section.
(d) The deposition shall be taken in writing, signed by the witness, certified by the justice of the peace selected, and sent, sealed up, to the justice.
(e) The witness shall first be sworn, or affirmed, by the justice of the peace selected, to answer the questions truly. Neither party shall be present at the taking the deposition, and no questions shall be put but those sent by the justice.
Code 1852, § 2180; Code 1915, § 4052; Code 1935, § 4539; 10 Del. C. 1953, § 9531; 55 Del. Laws, c. 20, § 10; 70 Del. Laws, c. 186, § 1.
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