13-4112
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13-4112. Interrogatories and cross-interrogatories; notice; service; duty of court; execution of commission A. When the commission is ordered, the defendant shall serve upon the county attorney, without delay, a copy of the commission and interrogatories, with two days notice of the time when they will be presented to the court. The county attorney if he desires to present cross-interrogatories, shall forthwith serve upon defendant or his counsel the cross-interrogatories, which shall be annexed to the commission. B. When the interrogatories and cross-interrogatories are presented to the court, the court shall reframe the questions to conform them to the rules of evidence, and shall endorse upon them his allowance and annex them to the commission. C. Unless the parties otherwise consent by an endorsement upon the commission, the court shall endorse thereon a direction as to the manner in which and by whom it shall be executed and returned, and may direct that it be returned by mail or otherwise, addressed to the clerk of the court in which the action is pending. |