In the District Court of

No.                       of 19            .

Between

A. B.,

Plaintiff,

and

C. D.,

Defendant.

Upon hearing                                  , and upon reading the affidavit of                                  , filed the                       day of                                  19            , (and                                  ):

It is ordered as follows :

1. A commission may issue directed to                                  , of                                  , and                                  , of                                  , Commissioners named by and on behalf of the                                  , and to                                  , of                                  , and                                  , of                                  , Commissioners named by and on behalf of the                                  , for the examination upon interrogatories and viva voce of witnesses on behalf of the said                                  and                                  respectively at                                  aforesaid before the said Commissioners, or any two of them, so that one Commissioner only on each side be present and act at the examination.

2. Both the said                                  and                                  shall be at liberty to examine upon interrogatories and viva voce upon the subject matter thereof or arising out of the answers thereto such witnesses as may be produced on their behalf, with liberty to the other party to cross-examine the said witnesses upon cross-interrogatories and viva voce, the party producing the witness for examination being at liberty to re-examine him viva voce ; and all such additional viva voce questions, whether on examination, cross-examination, or re-examination, shall be reduced into writing, and with the answers thereto, returned with the said commission.

3. Within                       days from the date of this order the advocates of the said                                  and                                  shall exchange the interrogatories they propose to administer to their respective witnesses, and shall also within            days from the exchange of such interrogatories, exchange copies of the cross-interrogatories intended to be administered to the said witnesses.

4.            days previously to the sending out of the said commission, the advocate of the said                                  shall give to the advocate of the said                                  notice in writing of the mail or other conveyance by which the commission is to be sent out.

5.            days previously to the examination of any witness on behalf of the said                                  or                                  respectively, notice in writing signed by any one of the Commissioners of the party on whose behalf the witness is to be examined, and stating the time and place of the intended examination, and the names of the witnesses intended to be examined, shall be given to the Commissioners of the other party by delivering the notice to them personally, or by leaving it at their usual place of abode or business, and if the Commissioners of that party neglect to attend pursuant to the notice, then one of the Commissioners of the party on whose behalf the notice is given shall be at liberty to proceed with and take the examination of the witness or witnesses ex parte, and adjourn any meeting or meetings, or continue the same, from day to day until all the witnesses intended to be examined by virtue of the notice have been examined, without giving any further or other notice of the subsequent meeting or meetings.

6. In the event of any witness on his examination, cross-examination, or re-examination, producing any book, document, letter, paper, or writing, and refusing, for good cause to be stated in his deposition, to part with the original thereof, then a copy thereof, or extract therefrom, certified by the Commissioners or Commissioner present to be a true and correct copy or extract shall be annexed to the witness's deposition.

7. Each witness to be examined under the commission shall be examined on oath, affirmation, or otherwise in accordance with his religion by or before the said Commissioners or Commissioner.

8. If any one or more of the witnesses do not understand the English language (the interrogatories, cross-interrogatories, and viva voce questions (if any) being previously translated into the language with which he or they is or are conversant), then the examination shall be taken in English through the medium of an interpreter or interpreters, to be nominated by the Commissioners or Commissioner and to be previously sworn according to his or their several religions by or before the said Commissioners or Commissioner truly to interpret the questions to be put to the witness or witnesses, and his and their answers thereto.

9. The depositions to be taken under and by virtue of the said commission shall be subscribed by the witness or witnesses, and by the Commissioners or Commissioner who shall have taken such depositions.

10. The interrogatories, cross-interrogatories, and depositions, together with any documents referred to therein, or certified copies thereof or extracts therefrom, shall be sent to the Registrar of the District Court of                                  on or before the                       day of                                  19            , or such further or other day as may be ordered, enclosed in a cover under the seal or seals of the said Commissioners or Commissioner, and office copies thereof may be given in evidence on the trial of this action by and on behalf of the said                                  and                                  respectively, saving all just exceptions, without any other proof of the absence from this country of the witness or witnesses therein named, than an affidavit of the advocate of the said                                  or                                  respectively, as to his belief in regard to the absence from this country of such witness or witnesses.

11. The trial of this cause is to be stayed until the return of the said commission.

12. The costs of this order and of the commission to be issued in pursuance hereof, and of the interrogatories, cross-interrogatories, and depositions to be taken thereunder, together with any such document, copy, or extract as aforesaid, and official copies thereof, and all other costs incidental thereto, shall be                                  .

Dated the                       day of                       , 19                       .