Section 42. Unless the court otherwise orders, a deposition taken before commissioners shall be taken upon written interrogatories, which shall be filed in the clerk's office and notice thereof given to the adverse party or his attorney, and upon cross interrogatories, if any are filed by him. But if the defendant does not enter his appearance in the action within the time required by law, no notice to him shall be required. The court may in any case order depositions to be taken before commissioners, in the manner provided by law for taking the depositions of witnesses within the commonwealth in actions at law, or in such manner as the court orders, and in such cases shall determine what notice shall be given to the adverse party, his agent or attorney, and the manner of service thereof, may authorize the taking of depositions of witnesses not specifically named in the commission, and may limit the extent of the inquiry. The court may order the production before the commissioner of any books, instruments or papers relative to any matter in issue.
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