Legal Definitions - commission to examine a witness

A commission to examine a witness is a formal order issued by a court that allows a witness to provide testimony outside of the courtroom, typically when that witness lives in a different state or country and is beyond the court's direct power to compel their attendance. This order specifies the details of how and where the witness's testimony will be taken, ensuring it is done properly and can be used as evidence in the ongoing legal case.

• Example 1: Interstate Witness in a Civil Lawsuit

  In a personal injury lawsuit filed in California, a crucial eyewitness to the accident has since moved to Arizona. The California court issues a commission to examine a witness, directing that the witness's sworn testimony (a deposition) be taken in Arizona. This allows the legal teams to question the witness and record their testimony without requiring the witness to travel back to California, as the California court's subpoena power does not extend to Arizona.

• Example 2: International Witness in a Commercial Dispute

  During a complex contract dispute being litigated in a U.S. federal court, a key executive from one of the involved companies resides in Germany. To obtain this executive's testimony, the U.S. court issues a commission to examine a witness. This formal request facilitates the taking of the executive's deposition in Germany, adhering to international legal protocols, and ensures that their vital evidence can be presented in the U.S. trial.

• Example 3: Key Witness in a Criminal Case Who Relocated

  In a criminal trial taking place in New York, a critical witness to the crime has since moved to Texas and cannot easily return to New York to testify in person. The New York court can issue a commission to examine a witness, authorizing that the witness's sworn testimony be taken in Texas. This ensures that the court has access to the witness's crucial account, which can then be presented as evidence in the New York trial, despite the witness's relocation beyond the court's direct reach.