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Rule 186. Depositions of Witnesses (1973)


Depositions of witnesses may be taken when the party desires to perpetuate the testimony of a witness, and, in all civil suits heretofore or hereafter brought in this State, whether the witness resides in the county where the suit is brought or out of it; provided, the failure to obtain the deposition of any witness residing within 100 miles of the courthouse of the county in which the suit is pending shall not be regarded as want of diligence where diligence has been used to secure the personal appearance of such witness by the service of subpoena or attachment, under the rules of law, unless by reason of age, infirmity or sickness, or official duty, the witness will be unable to attend the court, or unless such witness is about to leave, or has left, the State or county in which the suit is pending and will not probably be present at the trial.

Amended by order of Oct. 3, 1972, eff. Feb. 1, 1973: Words "male or female" have been deleted.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Repealed by order of Dec. 5, 1983, eff. April 1, 1984. The substance of the rule is incorporated into Rule 187, 200 and 208, and 252.
Oct. 3, 1972, eff. Feb. 1, 1973