Rules of the Supreme Court of the State of Pennsylvania, Adopted January 13, 1865 : to Which Are Appended the Rules of Equity Practice, Adopted By the Court, January 27, 1865

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The method of taking testimony, except in cases provided for in the foregoing rules, shall be as follows : After the cause is at issue, the court shall ap- point an examiner at the request of either party who may first make application, which examiner shall cause such witnesses as either party may name to him to come before him on a reasonable day or days, to be* appqinted by him, of which he shall give notice to the 1 This rule was suspended until further orders by the supreme court, 29th June..., 1866, reserving to the judge the right to enforce the same at his discretion.
51 parties ; for the enforcing the attendance of which witnesses, either party may have subpoena or sub- poenas, returnable before such examiner, to be en- forced by the usual process of contempt. The exami- nation shall be conducted by the counsel of the parties viva voce, and the answers of the witnesses shall be re- duced to writing by the examiner, and the questions also, if necessary to the understanding of the answer or if it be required by either party.


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