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Simple English definitions for legal terms
commission to examine a witness
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A quick definition of commission to examine a witness:
A commission to examine a witness is a legal order that allows a witness who is not within the court's jurisdiction to be questioned. This order usually includes details such as the witness's name, the time and place of the deposition, and any other relevant information that will help the commissioner to carry out the order. It is also known as a commission to take a deposition or commission to take testimony. This order is different from a letter of request.
A more thorough explanation:
A commission to examine a witness is a legal order that directs a witness who is outside the court's jurisdiction to give a deposition. This order is usually issued when a witness cannot appear in court due to distance or other reasons.
The commission specifies the details of the deposition, such as the witness's name, the time and place of the deposition, and any other relevant information that will help the commissioner to conduct the deposition. This order is also known as a commission to take a deposition or commission to take testimony.
Suppose a witness lives in another state and cannot travel to the court to give testimony. In that case, the court may issue a commission to examine a witness, directing a commissioner in the witness's state to take the deposition. The commissioner will then conduct the deposition and send the transcript to the court.
Another example is when a witness lives in a foreign country. In that case, the court may issue a commission to examine a witness, directing a commissioner in that country to take the deposition. The commissioner will then conduct the deposition and send the transcript to the court.
These examples illustrate how a commission to examine a witness is used to obtain testimony from a witness who cannot appear in court due to distance or other reasons.