ries, or either, shall be sworn geherally to give their evidence on the interrogatories to be from time to time exhibited to them by the examiner, so as to avoid the unnecessary repetition of oaths. (a) once examined miner or com not again be A witness once examined either before an examiner 17. A witness or commissioner shall not be again examined either to before an exathe same or different facts unless by the consent of the missioner shall opposite party, or by order of the court, on sufficient examined uneless by consent. cause shown by affidavit or otherwise according to circumstances.(b) New interrogatories may be exhibited for the examination of new witnesses at any time before publication, although there have been joint commissions issued in the cause.(c) But there can be no examination of witnesses after 18. No exathe rule for publication is out. (d) mination of a witness after publication is The interrogatories must be concise and to the point, the rule for if otherwise, or if they be leading or directory as "do out. you not know," they will be suppressed.(e) ness misbehav When the cause has come to a hearing, if it appears 19. A witthat a witness has misbehaved in his answers to the in- ing, &c. terrogatories, the depositions may be suppressed.(ƒ). further exami If a further answer to interrogatories be deemed ma- 20. The court terial, the court may order a further examination of the may order a witness on the interrogatories, before a master or in nation of a witopen court.(g) ness. the opposite Having filed your interrogatories and served the op- 21. Notice to posite party with a copy thereof, and having agreed solicitor of the with your witnesses and the examiner, when the exami- names of witnation will take place, you give the opposite solicitor time and place notice of the names and additions of the witnesses, (a) Rule 23. (e) Barton, 171. 1st F. Vez. 400. ($) Ibid. nesses and the of examination. and of the time and place of examination. The notice may be in the following form :(a) 22. Form of the notice. a witness dis C. D. Defendant. SIR, Please to take notice, that I. W. who resides in the first ward of the city of New-York, merchant, will be examined as a witness in this cause, on the part of the complainant, by Anthony Bleecker, Esq. one of the examiners of this court, at his office, situated in Pine-street, in the city of New-York, on Saturday next, the 4th of July, at 10 o'clock in the forenoon of the same day-Dated this 1 July, 1818. Yours, &c. To G. H. Def't's. Sol'r. E. F. Sol'r. for Comp't. This notice must be given two days exclusive of the day of service, and before the day assigned for the ex23. Shewing amination of the witnesses by the examiner. In Engpensed with. land it is the practice to show every witness to the opposite party before he is examined, but the 28th rule of court dispensed with it, and the above notice is substituted in its stead-when one party has filed direct interrogatories, the other party may file with the same examiner cross interrogatories, of which he must furnish the opposite party with a copy and notice, that the witness is to be examined on cross interrogatories. Copies of all cross interrogatories shall be furnished two days before forwarding the commission, if a commission be intended to be made use of, or before the day assigned for the (a) Rule 28. examination of the witnesses. (a) The examiners, after taking the depositions to all the interrogatories to which the witness examined can depose, shall add one general clause, indicating, that to the remainder of the interrogatories, the witness cannot depose (when there are any so circumstanced) without specially enumerating all the interrogatories, so as to swell the proceedings unnecessarily.(b) Instructions to the Examiner. After the interrogatories have been filed with the examiner, and before the time when the witnesses are to be examined thereon, the party whose interrogatories are filed, will serve on the examiner instructions for the examination of his witnesses, according to the several points upon which he wishes their testimony to be taken, specifying the interrogatories on which they are to be examined. This is a great saving of time, as well to the examiner as the witnesses, and facilitates the progress before the examiner. These instructions may be in this form: You will please to examine the several witnesses on the part of the complainant, upon the interrogatories filed with vou in this cause as follows: 24. Form of the depositions. A. B. to the 1st, 2d, 3d, 7th, and last interrogatories. Dated, the day of Your's, &c. To A.B. Esq. Examiner. 1818. E. F. Sol'r for Compl't. A similar course may be adopted when the witnesses are examined by commissioners, in which case the instructions will be forwarded with the interrogatories. Form of Depositions of Witnesses in Chancery. In Chancery. R. P. a witness produced, sworn and examined on direct interrogatories, to him administered in a certain cause pending in the court of Chancery, of the state of New-York, wherein C. D. is complainant, and E. F. is defendant, on the part of the complainant, deposeth as follows, viz: To the first interrogatory, this deponent saith, that he is aged twenty-five years and upwards; has no particular profession; he knows the complainant, and has been acquainted with him for twenty years last. past; but, that he knows the defendant merely by sight. To the second interrogatory, this deponent saith, that some time in the month of May last, to the best of his recollection as to the time, he was present at the house of the complainant, when a conversation took place between the complainant and defendant, relative to the tract of land mentioned and inquired about in said interrogatory; that the complainant asked the defendant, &c. &c. and to the other matters and things inquired about in the said interrogatory this deponent cannot depose, as he knows nothing in particular respecting the same. To the third interrogatory, this deponent saith, that he is acquainted with the hand-writing and signature of the defendant, from the circumstance of having frequently seen him write and sign his name; and, that as to the paper writing, marked with the lett. O, mentioned in said interrogatory, and now produced and shown to the deponent, the name C. D. subscribed to the same, is in the proper hand writing of the said C. D. the defendant. To the seventh interrogatory, this deponent cannot depose more particularly than he has already mentioned in his answer to the second interrogatory. To the last interrogatory, this deponent saith, that he remembers hearing the defendant say, &c. To the fifth and sixth interrogatories, this deponent cannot depose, and to the rest he was not examined. Sworn and examined this day of before me, } A. Bleecker, Ex'r in Chan'y. R. P. Caption to Depositions on Cross Interrogatories. In Chancery. R. P. a witness already examined on direct interrogatories to him administered on the part of the complainant in a certain cause, pending in the court of Chancery, &c. wherein A. B. is complainant, and C. D. is defendant, and now examined on cross interrogatories on the part of defendant, deposeth as follows, viz: |