Sec. 52-155. Depositions before commissioner appointed by other jurisdiction. Compulsory process for witnesses.
Sec. 52-155. Depositions before commissioner appointed by other jurisdiction. Compulsory process for witnesses. (a) Each commissioner, appointed according
to the laws or usages of any other state or government, or by any court of the United
States or of any other state or government, to take testimony in this state to be used in
any such court, may apply to a judge of any court of record, or to any justice of the
peace, notary public or commissioner of the Superior Court, for a subpoena or to any such
judge for a capias, to compel the appearance of any witness before such commissioner.
(b) Upon proof of the commissioner's authority and that the testimony of the witness
is material, the judge, justice of the peace, notary public or commissioner of the Superior
Court shall issue the subpoena or capias requested. If any person summoned as a witness
to testify before the commissioner refuses to appear and testify, the judge of any court
of record may commit the person to prison until he signifies his willingness to appear
and testify.
(c) Before any compulsory process issues to cause any witness to attend and give
his deposition, it shall appear to the officer who was to take the deposition, or, in the
case of a commissioner, to the officer issuing the summons, that the witness has been
duly summoned and the amount of his fees tendered to him by the officer serving the
same.
(1949 Rev., S. 7878; 1959, P.A. 615, S. 13; P.A. 82-160, S. 74.)
History: 1959 act provided only judge of court of record may issue capias or commit to prison, deleting provision for
such action by justice, notary public or commissioner of superior court; P.A. 82-160 rephrased the section and inserted
Subsec. indicators.
Cited. 211 C. 555. Cited. 229 C. 716.
Cited. 40 CS 198.