Section 492.150 - Special commissioner appointed when, qualifications - time and place of depositions - enforcement of subpoenas issued by other officer1. When the witness is found in this state, the deposition may be taken by the proper officer without any commission or order of the court or clerk except that whenever a notice is given, as required by law, in a cause pending in any circuit court of any county or of the city of St. Louis to take such deposition, the party upon whom such notice is served, as provided by law, may, at any time after the service of such notice and before the taking of such deposition shall be commenced, after having given the party or his attorney of record on whose behalf such notice was served, one day's written notice by delivering a copy thereof to all adverse parties or their attorneys of record, of his intention to apply for the appointment of a special commissioner to take such deposition and of the time and place of making such application, make an application, accompanied by a service copy of the notice of application, to the court or to the judge thereof to appoint a special commissioner to take such deposition under such notice. The court or judge may, in its or his discretion, appoint a special commissioner to take the deposition. Such commissioner shall be an attorney of record, disinterested and of no kin to any party in the cause and may be a resident of any county or the city of St. Louis. The court or judge shall designate in the order the time and place for the taking of the deposition by the special commissioner but thereafter the commissioner may continue such taking from time to time.2. The special commissioner shall alone be authorized to take the depositions but any subpoena which has been issued by an authorized officer and has been served upon the witness, as required by law, commanding his presence at the time and place designated in the notice is sufficient to require the attendance of the witness before the special commissioner at the time and place designated in the order appointing the special commissioner. In the event the witness does not attend in obedience to the subpoena, the special commissioner is authorized to compel his attendance by attachment as if the subpoena had been issued by him under the authority conferred on him by law.Prior revisions: 1929 § 1759; 1919 § 5446; 1909 § 6390
Effective 1/2/1979