To Henry E. Small, said Defendant: TAKE NOTICE, That on the.. ..A. D. 19.. at..... .day of ...o'clock in the forenoon, or as soon thereafter as counsel can be heard, the undersigned will sue out of the office of the clerk of said Court a dedimus potestatum or commission, under the seal of said Court, directed to... and State of.. in the County of........ or to any Judge, Master in Chancery, Notary Public, or Justice of the Peace of the County last named, to take the deposition of.... upon interrogatories to be propounded to said witness orally, to be read in evidence on the part of the said plaintiff on the trial of the above entitled cause. FURTHER, TAKE NOTICE, That said deposition will be taken at the office of... No..... .Street, in City of. ..aforeunder said the.... said; and the examination of said witness commission will be begun on... day of..... ... . M., and will continue from day to day until completed, at which time and place you may appear and cross-examine, if you shall see fit so to do. Dated,. 19..... Attorney for Plaintiff. SECTION 79. THE DEDIMUS POTESTATUM. The commission must be duly entitled of the proper court and cause. Some statutes require the name of the commissioner to be inserted before the issuance of the dedimus potestatum, while under other statutes it is held sufficient to direct the commission to a particular person solely by the title to the office which he holds, while some authorities go so far as to hold it sufficient to direct it to "any officer legally authorized to take depositions," or it may be issued blank and the name of the commissioner inserted before the return. It is much the better practice to specify the name of the commissioner and his residence. SECTION 80. FORM OF DEPOSITION. THE DEPOSITION of. County of.. of.... and State a witness of lawful age, produced, sworn and examined, upon duly appointed by a DEDIMUS POTESTATUM or COMMISSION issued out of the Clerk's office of the... wherein John G. Small is plaintiff, and Henry E. Little is defendant, on behalf of the said plaintiff, upon interrogatories to be propounded to said witness orally, pursuant to the notice attached to the said Commission and herewith also enclosed, and upon none others. The said... duly sworn by . being first witness in said cause, previous to the commencement of.... ..examination, to testify the truth as well on the part of the plaintiff as of the defendant, in relation to the matters in controversy between the said plaintiff and defendant, so far ..should be interrogated, testified and de as.... posed as follows: Then follows interrogatory first, etc. SECTION 81. INTERROGATORIES. The interrogatories may be either oral or written. In the event they are oral, the opposite party may appear in person or by counsel and cross-examine the witnesses. If the interrogatories are to be written, the party taking submits his interrogatories, and his opponent may submit cross-interrogatories. Interrogatories should not be leading, but it is no objection to cross-interrogatories that they are leading. SECTION 82. How TAKEN. Courts insist with great strictness upon depositions being taken at the time and place designated in the commission, and some statutes fix a penalty to be paid to opposite side for failure to do so. When the taking of the depositions is commenced but not completed the day specified in the commission, for good cause in the certificate shown, the further taking may Vol. XI.-14. be continued by adjournments from day to day, until completed. The attendance of witnesses is obtained by the subpoena of the commissioner or other officer before whom the depositions are to be taken. The fact that a witness has been furnished in advance with a copy of the interrogatories, or has heard them read, may be shown on cross-examination as affecting the credibility of his testimony. Where the witness had written out or prepared his answers in advance of the examination, the deposition should be suppressed. The answers should be given and taken down in the presence of the officer and objections thereto noted, but the commissioner should not attempt to rule upon the relevancy, competency, or materiality of questions or answers. The questions and answers should be read over to the witness after they are written down, and then the depositions should be signed by the witness in the presence of the officer, and the certificate should so state. a Comissioner duly appointed to take the deposition of the said a witness whose name is subscribed to the foregoing deposition, do hereby certify that previous to the commencement of the examination of the said.... as witness in the said suit between the said John G. Small, plaintiff, and the said Henry E. Little, defendant, he was duly sworn by a person duly authorized to administer oaths in said County and State aforesaid, to testify the truth in relation to the matters in controversy between the said John G. Small, plaintiff, and the said Henry E. Little, defendant, so far should be interrogated concerning as the same; that the said deposition was taken at after said deposition was taken down by me as aforesaid, the interrogatories and answers thereto, as written down, were read over to said witness... ; and that thereupon the same were signed and sworn to by the said before me, the oath being administered by a person duly authorized by law to administer oaths in said county and state, at the place and on the day and year last aforesaid. IN WITNESS WHEREOF, I have hereunto affixed my hand and seal, this A. D. 19.... day of.. (SEAL) Commissioner. SECTION 84. RIGHT TO CROSS-EXAMINE. The rule that a party litigant shall have the right to confront and cross-examine the witnesses against him, applies with equal force to depositions. And it is a well-established principle that the deposition of no witness shall be read in evidence until it appears that there has been a reasonable opportunity afforded the opposite party to appear and cross-examine. A reasonable opportunity for cross-examination involves two essential elements: (1) Proper notice |