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Rule 202. Request for Issuance (1947)


Upon the application of any party to a suit who desires to take the oral deposition of a witness, the clerk of the court in which the cause is pending shall immediately issue a commission to take the deposition, fixing the time and place for the taking of the testimony as set out in the application. The officer authorized to take the deposi­tion and to whom the commission, is delivered shall immediately issue and cause to be served upon the witness a subpoena directing him to appear before said officer at the time and place named in the commission for the purpose of giving his deposition. But the deposition shall not be taken until the opposite party, or his attorney of record, has had the ten days' notice provided for in Rule 200.

Source: Art. 3755, unchanged.

Amended by order of Aug. 18, 1947, eff. Dec. 31, 1947: The previous rule has been completely redrafted and its meaning has been materially altered.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Oct. 12, 1949, eff. March 1, 1950
  March 19, 1957, eff. Sept. 1, 1957
  April 12, 1962, eff. Sept. 1, 1962
  Dec. 5, 1983, eff. April 1, 1984
  Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rules 199.1, 203.6.