492.150. Special commissioner appointed when, qualifications--time and place of depositions--enforcement of subpoenas issued by other officer.

MISSOURI STATUTES AND CODES

492.150. Special commissioner appointed when, qualifications--time and place of depositions--enforcement of subpoenas issued by other officer.

Special commissioner appointed when, qualifications--time and place ofdepositions--enforcement of subpoenas issued by other officer.

492.150. 1. When the witness is found in this state, thedeposition may be taken by the proper officer without anycommission or order of the court or clerk except that whenever anotice is given, as required by law, in a cause pending in anycircuit court of any county or of the city of St. Louis to takesuch deposition, the party upon whom such notice is served, asprovided by law, may, at any time after the service of suchnotice and before the taking of such deposition shall becommenced, after having given the party or his attorney of recordon whose behalf such notice was served, one day's written noticeby delivering a copy thereof to all adverse parties or theirattorneys of record, of his intention to apply for theappointment of a special commissioner to take such deposition andof the time and place of making such application, make anapplication, accompanied by a service copy of the notice ofapplication, to the court or to the judge thereof to appoint aspecial commissioner to take such deposition under such notice.The court or judge may, in its or his discretion, appoint aspecial commissioner to take the deposition. Such commissionershall be an attorney of record, disinterested and of no kin toany party in the cause and may be a resident of any county or thecity of St. Louis. The court or judge shall designate in theorder the time and place for the taking of the deposition by thespecial commissioner but thereafter the commissioner may continuesuch taking from time to time.

2. The special commissioner shall alone be authorized totake the depositions but any subpoena which has been issued by anauthorized officer and has been served upon the witness, asrequired by law, commanding his presence at the time and placedesignated in the notice is sufficient to require the attendanceof the witness before the special commissioner at the time andplace designated in the order appointing the specialcommissioner. In the event the witness does not attend inobedience to the subpoena, the special commissioner is authorizedto compel his attendance by attachment as if the subpoena hadbeen issued by him under the authority conferred on him by law.