§557. Testimony of party out of State
When a party to a civil action resides without the State or is absent from the State during the pendency of the action and the opposite party desires the testimony of the nonresident or absent party, a commission under the rules of court may issue to take that party's deposition. The nonresident or absent party, upon notice to that party or that party's attorney of record in the action of the time and place appointed for taking the deposition, as the court orders, shall appear and give the deposition. If the nonresident or absent party refuses or unreasonably delays to do so, the action may be dismissed or defaulted by order of court unless the attorney of the nonresident or absent party admits the affidavit of the party desiring the testimony of the nonresident or absent party as to what the nonresident or absent party would say, if present, to be used as testimony in the case.
[RR 2025, c. 2, Pt. D, §14 (COR).]
SECTION HISTORY
RR 2025, c. 2, Pt. D, §14 (COR).