13-4113. Duty of commissioner in executing commission; attachment of section to commission

A. The commissioner, unless otherwise specially directed, shall execute the commission as follows:

1. Publicly administer an oath to the witness that his answers given to the interrogatories shall be the truth, the whole truth, and nothing but the truth.

2. Cause the examination of the witness to be reduced to writing, and subscribed by him.

3. Write the answers of the witness as nearly as possible in the language in which he gives them, and read to him each answer as it is taken down, and correct or add to it until it conforms to what he declares is the truth.

B. If the witness declines to answer a question, that fact, with the reason assigned by him for declining, shall be stated. If any papers or documents are produced before him and proved by the witness, they, or copies of them, shall be annexed to the deposition subscribed by the witness and certified by the commissioner.

C. The commissioner shall subscribe his name to each sheet of the deposition, and annex the deposition, with the papers and documents proved by the witness, or copies thereof, to the commission, enclose it in an envelope under seal and address it as directed by the endorsement thereon. If there is a direction on the commission to return it by mail, the commissioner shall immediately deposit it in the nearest post office. If any other direction is made by written consent of the parties, or by the court on the commission, as to its return, he shall comply with the directions.

D. A copy of this section shall be attached to the commission.