In the District Court of

No.                       of 19            .

Between

A. B.,

Plaintiff,

and

C. D.,

Defendant.

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                                  , greeting : Know ye that we in confidence of your prudence and fidelity have appointed you and by these presents give you power and authority to examine on interrogatories and viva voce as hereinafter mentioned witnesses on behalf of the said                                  and                                  respectively at                                  , before you or any two of you, so that one Commissioner only on each side be present and act at the examination. And we command you as follows :-

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

2. Not less than            days before the examination of any witness on behalf of either of the said parties, notice in writing, signed by any one of you, 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 to be examined, shall be given to the Commissioners of the other party by delivering the notice to them, or by leaving it at their usual place of abode or business, and if the Commissioners or Commissioner of that party neglect to attend pursuant to the notice, then one of you, 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.

3. 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 and acting to be a true and correct copy or extract shall be annexed to the witness's deposition.

4. Each witness to be examined under this commission shall be examined on oath, affirmation, or otherwise in accordance with his religion by or before the Commissioners or Commissioner present at the examination.

5. 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 present at the examination, 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 and his answers thereto.

6. The depositions to be taken under this commission shall be subscribed by the witness or witnesses, and by the Commissioners or Commissioner who shall have taken the depositions.

7. 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, District Court of                                  , on or before the                       day of                                  , enclosed in a cover under the seal or seals of the Commissioners or Commissioner.

8. Before you or any of you, in any manner, act in the execution hereof you shall severally take the oath hereon endorsed on the Holy Evangelists or otherwise in such other manner as is sanctioned by the form of your several religions and is considered by you respectively to be binding on your respective consciences. In the absence of any other Commissioner, a Commissioner may himself take the oath.

And we give you or any one of you authority to administer such oath to the other or others of you.

Witness my hand
this                                  day of                                  , 19