corrected and subscribed. And I further certify that said witness endorsed the exhibits marked which are annexed

to said deposition, and that I subscribed my name to each exhibit annexed thereto.

[Seal.]

[If the officer have a seal.]

M N,

Notary Public of the State of California, in the County of

[or other name of office.]

The deposition should be annexed to said affidavit and to said order of the judge of the court, if there be such order, and to said copy of said notice, and then be placed in an envelope which should be then sealed and directed to the clerk of the court, and deposited in the postoffice, postage prepaid; and the officer taking the deposition should endorse on the envelope the title of the case and: "Deposited in the postoffice at............this....day of......by me" M. N.,

Notary Public (or other name of office :)

This envelope should be so sealed that it could not be opened unless it would appear that it had been opened.

Instead of endorsing the envelope with words showing it had been deposited in the postoffice, the sealed envelope may be handed by the officer taking the deposition to the clerk of the court, or he may transmit the same to the clerk by some safe, private opportunity.

The deposition of a witness can be taken pursuant to a stipulation of counsel.

FORM NO. 184.

STIPULATION OF COUNSEL TO TAKE DEPOSITION.

[Title of Action, or Proceeding.]

It is stipulated that the deposition of

in the state of
on the day of

a witness

-

on behalf of the plaintiff [or defendant] in this action [or proceeding] be taken before - , Esq., a notary public of the county of at his office in said county of —, commencing at o'clock m.; and that when taken and certified to by said officer and transmitted to the clerk of said court it may be read by either party to the action [or proceeding] as evidence on the trial of the action, [or proceeding] subject, however, to all objections and exceptions that could be taken in case the witness was personally present and testified in the action. [Date.]

GH, Attorney for Plaintiff. I J,

Attorney for Defendant.

If parties to an action or proceeding attend at the taking of the deposition of a witness, no objection to the form of a question can be made at the trial of the action or proceeding unless such objection was stated at the time of the examination of the witness; in every other case the same objection may be made and exceptions taken, as could be made and taken in case the witness was personally present and testified on the trial of the action or proceeding.

FORM NO. 185.

AFFIDAVIT AND APPLICATION FOR COMMISSION

FOR THE

TAKING OF THE DEPOSITION OF A WITNESS WHO RESIDES
OUT OF THE STATE.

[Title of Action, or Proceeding.]

[Venue.]

G H, being duly sworn, says: That he is the attorney for the plaintiff [or petitioner] in the above entitled action [or proceeding] that K L is a material witness for the plaintiff [or petitioner] in said action, [or proceeding] and that said witness in the county of in the state [or ter

resides at ritory] of

; and this affiant asks that a commission issue out of this court to take the deposition of said witness, and that there be attached to such commission interrogatories and cross-interrogatories settled by Hon. judge of said court, on which such deposition is to be taken; that the annexed are interrogatories proposed by the plaintiff on which such deposition is to be taken.

[Jurat.]

G H.

On notice to the attorney of the adverse party, such commission will be ordered issued by said judge, and the interrogatories and cross-interrogatories on which the deposition is to be taken, will be settled by the judge; and such interrogatories and cross-interrogatories, as so settled, will be attached by the clerk of the court to the commission so issued.

In California such commission will be issued to a person as provided in section 2024 of the Code of Civil Procedure. The person to whom such commission is issued will take, certify to, and return such commission and the deposition thereto attached, to the clerk of the court.

BUDD-36

FORM NO. 186.

FORM OF COMMISSION TO TAKE A DEPOSITION.

[Title of Action, or Proceeding.]

The People of the State of California to E F: [State his name of office.]

Know ye, that we with full faith in your prudence and competency have appointed you commissioner, and by these presents do authorize you, E F, 'to administer an oath to, and to examine K L as a witness, and to take his deposition in answer to the interrogatories annexed to this commission, in the issue [or matter] pending between A B, plaintiff, [or petitioner] and CD, defendant, [or respondent] in the above entitled action [or proceeding] in the [state name of court] and to certify the deposition of the witness to this court in a sealed envelope directed to the clerk, and return the same and this commission to said [state name of court.]

This commission, when executed, is to be returned to J K, clerk of said court at [give the city or town and county and state.]

Deposition of K L, a witness produced and examined this day of under and by virtue of a commission issued out of the Superior Court of the state of California in the county of, and to which this deposition is annexed, in the above entitled action [or proceeding] pending and at issue therein between A B, the plaintiff in said action, and C D, the defendant therein, [or between A B, the petitioner in said proceeding, and C D, the respondent therein] as follows:

K L, of the [state his residence] aged

years and upwards, being duly and publicly sworn [or affirmed] doth depose and say as follows:

First: To the first interrogatory [state it] he saith: [State his answer.]

Second: To the second interrogatory [state it] he saith: [State his answer; and so on as to all the direct interrogatories.] First: To the first cross interrogatory [state it] he saith: [Give his answer.]

Second: To the second cross interrogatory [state it] he saith: [Give his answer; and so on as to all the cross interrogatories.]

State of

county of

SS.

K L.

I. E F. commissioner under the commission hereto annexed, do certify that K L, the witness, personally appeared before me day of - at - in the county of

in the

on the state of and being by me duly sworn, made answer to the several interrogatories annexed to the foregoing commission, and did depose to the matters contained in the foregoing deposition. And I further certify that when the deposition was completed it was carefully read to K L, said witness, and was corrected by him in each and every particular which he desired, and it was then subscribed by him; and I certify that the foregoing deposition is the deposition so corrected and subscribed by him. [And I further certify that said witness endorsed the exhibits numbered attached to said deposition.] And I further certify that I have subscribed my name to each half sheet of said deposition; [and to each exhibit ] and I further certify that G H, Esq., [or no one] appeared in behalf of the plaintiff, [or petitioner] and I J, Esq., [or no one] appeared in behalf of the defendant [or the respondent] [or the contestant.]

E F. Commissioner.

The deposition should be annexed to the commission, and then be placed in an envelope, sealed and directed to the clerk of the court issuing the commission, and the commissioner should endorse on the envelope, "Deposited in the postoffice at. this....day of......by me.

"E. F., Commissioner."

And the commissioner should deposit the deposition so endorsed in such postoffice, postage prepaid.

This envelope should be so sealed that it could not be opened unless it would appear that it had been opened.

It is not necessary that the interrogations be set out in the deposition, but I am of the opinion that this would be the better practice.

If the commission be issued by a justice's court it must have attached to it a certificate of the county clerk of the county under the seal of the county as follows:

FORM NO. 188.

CERTIFICATE OF COUNTY CLERK OF A COUNTY TO A COMMISSION ISSUED BY A JUSTICE'S COURT.

Besides the testimony of witnesses, documentary evidence of records, when properly authenticated, may, when the original record cannot be produced at the trial, when material and relevant, be introduced as evidence on the trial of an action or proceeding. A copy of the documentary evidence should be certified to as in the following forms:

FORM NO. 189.

AUTHENTICATION OF RECORDS AND JUDICIAL PROCEEDINGS OF A COURT OF RECORD OF A SISTER STATE OR OF UNITED STATES, OR OF A

A TERRITORY OF THE
COUNTRY SUBJECT ΤΟ

of

UNITED STATES.

[Insert copy of record.]

State [or territory] [or country] of

SS.

county of

I, A B, clerk of the [giving name of court] in the county in the state [territory] [or country] of

do certify that the foregoing are full, true and correct copies of the original records, proceedings, orders, and of the judgment,