Where an order has been made by the court or a judge in a foreign state, territory or country, or stipulation has been entered into, or a notice given pursuant to the practice in such state, territory or country for the taking of the deposition of a witness within this state for use in a legal proceeding or cause pending in such state, territory or country, any judge shall, upon proof of such facts, issue an order directing the witness or witnesses to attend before the judge, notary or commissioner therein named, and to testify under oath or affirmation, and to produce such books, papers and writings as may be deemed material, at a time and place certain, and upon such further day or days as the judge, notary or commissioner may appoint, but no witness shall be compelled to attend outside the judicial district in which he shall reside, or sojourn, nor unless served with a copy of such order ten days before the return day therein mentioned and is paid witness fees and mileage in the same manner as are required upon the service of a subpoena in a cause pending in the district court.

History: Laws 1907, ch. 84, § 1; Code 1915, § 2160; C.S. 1929, § 45-301; 1941 Comp., § 20-301; 1953 Comp., § 20-3-1.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For allowance of per diem and mileage for witnesses in district courts, see 38-6-4 NMSA 1978.

For depositions in civil actions in district courts generally, see Rule 1-026 NMRA et seq..

For discovery and production of documents in civil actions in district courts generally, see Rule 1-034 NMRA.

For discovery in civil actions in magistrate courts, see Rule 2-501 NMRA.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Depositions and Discovery §§ 148, 149.

26A C.J.S. Depositions §§ 61, 62.