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Rule 189. Notice and Service on Written Interrogatories (1962)


The party wishing to take the deposition of a witness in a suit pending in court shall file with the clerk or justice of the peace, as the case may be, a notice of his intention to apply for a commission to take the answers of the witness to interrogatories attached to such notice. The notice shall state the name and residence of the witness, or the place where he is to be found, the suit in which the deposition is to be used, and if a subpoena duces tecum as authorized by Rule 202 is desired, a designation of the books, papers, documents and tangible things to be produced by the witness; and a copy thereof and of the attached interrogatories shall be served upon the adverse party, or his attorney of record, five days before the issuance of a commission. Whenever the adverse party is a corporation or joint stock association, service may be made upon the president, secretary or treasurer of such corporation or association, or upon the local agent representing such corporation or association in the county in which the suit is pending, or by leaving a copy of the notice and attached interrogatories at the principle office of such corporation or association during office hours.

Amended by order of April 12, 1962, eff. Sept. 1, 1962: Provision regarding subpoena duces tecum inserted.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 July 21, 1970, eff. Jan. 1, 1971
  Oct. 3, 1972, eff. Feb. 1, 1973
  Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 208.