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Rule 188. Of Adverse Party (1950)


These rules shall govern the taking of the deposition of the adverse party:

(a) Either party to a suit may examine the opposing party as a witness, upon interrogatories filed in the cause, and shall have the same process to obtain his testimony as in the case of any other witness.

(b) No notice of the filing of the interrogatories is necessary.

(c) A commission to take the answers of the party to the interrogatories shall be issued by the clerk or justice, and be executed and returned by any authorized officer as in other cases; provided, however, that no such ex parte deposition of an adverse party be permitted until ten days after issuance and service of citation, except upon order of the court.

(d) A copy of the interrogatories need not be served on the adverse party before a commission shall issue to take the answers thereto.

(e) The examination of the adverse party shall be conducted and testimony received in the same manner and according to the same rules which apply in the case of any other witness, subject to the provisions of this rule.

(f) The party interrogated may, in answer to questions propounded, state any matter connected with the cause and pertinent to the issue to be tried; and the adverse party may contradict the answers by any other competent testimony in the same manner as he might contradict the testimony of any other witness.

(g) If the party interrogated refuses to answer, the officer executing the commission shall certify such refusal; and any interrogatory which the party refuses to an­swer, or which he answers evasively, shall be taken as confessed.

(h) The party interrogated may, upon the trial of the case, take exception to the interrogatories on the ground that they are not pertinent and to the answers that they are not competent evidence.

(i) It shall be no objection to the interrogatories that they are leading in their character.

(j) Where any party to a suit is a corporation, such corporation shall not be permitted to take ex parte depositions, nor shall any ex parte deposition be taken of the agents of such corporation, but if there are more than two parties to the suit ex parte depositions may be taken by or of any such parties to the suit, except the corporation or its agents. It is hereby expressly provided that any party to a suit wherein a corporation is a party shall have the right to take written and oral depositions of any party to such suit or of any witness, after giving notice and complying with the other requirements of the rules governing the taking of written or oral depositions of witnesses. It is further hereby expressly provided that when any ex parte deposition is taken in any suit whatever, either the party taking the same or the party giving the same shall have the right to introduce the deposition in evidence, subject to the general rules of evidence without regard to whether the person offering the same has crossed the interrogatories or not, and without regard to whether or not the witness who gave the deposition is present in court or has testified in the case.

Amended by order of Oct. 12, 1949, eff. March 1, 1950: The proviso under subdivision (c) has been added.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Repealed by order of July 20, 1966, eff. Jan. 1, 1967