Copyright
California.

The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 3 Code of Civil Procedure) online

. (page 134 of 168)
Online LibraryCaliforniaThe codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 3 Code of Civil Procedure) → online text (page 134 of 168)
Font size
QR-code for this ebook


not appearing and answering within the time allowed by law
or the court, or if, in a special proceeding, some or all of the
parties interested have not appeared, the court may authorize
a deposition to be taken without the service of any affidavit
upon, or the giving of any notice to. the party so in default
or not appearing, or may provide that notice be given to him
in such mode as to the court may seem proper.

HLxtory: En:ifted March 20. 1907. Stats, and Amdts. 1907.
p. 732, Kerr's Stats, and Amdts. 1906-7, p. 517.
Kerr's C. C. P.— 93 147"



§ 2024 CODE OP CIVIL PROCKDURE. [Pt.IV.Tit.lII.

ARTICLE IV.

MANNER OF TAKING DEPOSITIONS OUT OF THE STATE.

§ 2024. Deposition of witness out of state, how taken.

§ 2025. Proper interrogatories may be prepared, or may be

waived by the parties.
§ 2025%. Of non-resident witness, on oral interrogatories.
§ 2026. Authorities and duties of commissioner.
§ 2027. Trial, when postponed for reason of non-return of

commission.
§ 2028. Deposition, by whom used.
§ 2029. Notice dispensed with where witness resides out of

state, when.

§ 2024. DEPOSITION OF WITIVESS OUT OF STATE, HOW
TAKEN. The deposition of a witness out of this state may be
taken upon a commission issued from the court under the seal
of the court, upon an order of the court, or a judge or a
justice thereof, on the application of either party, upon five
days' previous notice to the other. If the court is a justice's
court, the commission must have attached to it a certificate
of the clerk of the superior court of the county in which
such justice's court is held, under the seal of such superior
court, to the effect that the person issuing the same was an
acting justice of the peace at the date of the commission.
If issued to any place within the United States it may be
directed to a person agreed upon by the parties, or if they
do not agree, to any notary public, judge or justice of the
peace or commissioner selected by the court or judge or
justice issuing it. If issued to any country out of the United
States, it may be directed to a minister, ambassador, consul,
vice-consul, or consular agent of the United States in such
country, or to any person agreed upon by the parties.

History: Enacted March 11, 1872, re-enactment of § 433
Practice Act; amended March 24, 1874, Code Amdts. 1873-4, p.
389: April 16, 1880, Code Amdts. 1880 (C. C. P. pt.), p. 115;
March 10, 1891, Stats, and Amdts. 1891, p. 51; by Code Com-
mission, Act March 8, 1901, Stats, and Amdts. 1900-1, p. 253,
act held unconstitutional, see history, § 5 ante; amended March

1474



ch.llI.art.IV.] intkurocations. §2025

20, 1907, Stats, and Amdts. 1907, p. 732, Kerr's Stats, and Amdts.
1906-7, p. 517; April 16, 1909, Stats, and Amdts. 1909, cli. 627.

See Kerr's Cyc. C. C. P. for 15 pars, annotation.

48 C. 439, 451 (construed witli §517 of Practice Act > ; list (".
227, 250, 86 P. 69.T, 9 A. C. 805 (construed — not necessary that
witness be a non-resident — all tliat is required is tliat he be out
of the state); 7 C. A. 473, 478, 94 P. 777, 778 (insufficiency of
objections to tlie manner of taking depositions).

As to examination of witnesses in criminal causes, on com-
mission, see Kerr's Cyc. Pen. C. §§1349-1362 and notes.

As to many miscellaneous matters of cvidenc . -. . notu
§ 1823, ante.

As to objections to use of deposition, see post § 2U2.S an.l note.

As to power of magistrate to punish contumacious witness,
see 1 L. N. S. 1142.

As to power of the court or a judge thereof to shorten tlie
time within which notice must be given, see Kerr's Cyc. C. C.
P. § 1005 and note.

§2025. PKOPEK INTERROGATOEIES MAY BE PEE-
PAKED, OK MA¥ BE WAIVED BY THE PARTIES. The

party moving for the commission must, unless it is waived
by the other party, attach to the notice of the motion the in-
terrogatories upon which he desires it to be taken. On the
hearing of the motion, the other party must propose such
cross-interrogatories as he may desire. If the parties do not
agree as to the form of the interrogatories, the court must
settle their form, but such agreement or settlement does not
preclude either party, when the deposition is offered in evi-
dence, from interposing any objection to any interrogatory
except as to the form thereof.

The settlement of interrogatories may be had at the time
of the hearing of tbe motion, or at any other time which the
court may appoint; but the moving party must, if he request
it, be allowed two days within which to propose such re-
direct interrogatories as the cross-interrogatories proposed
render proper. When agreed upon or settled, the inl<'rroga-
tories must be annexed to the commission; or, when the par-
ties agree to that mode, or the court on the application of
either party, after a hearing had upon two days' notice to
the opposite party, so directs, the examination must be with-
out written interrogatories.

1475



S 20251/2 CODK OF CIVIL PUOCKDUJUC. [Pt.TV.Tit.III.

History:' Enacted March 11, 1872, re-enactment of § 434 Prac-
tice Act; amended by Code Commission, Act March 8, 1901, Stats,
and Amdts. 1900-1, p. 253, act held unconstitutional, see history,
§ 5 ante; amended March 20, 1907, Stats, and Amdts. 1907, p. 733,
Kerr's Stats, and Amdts. 1906-7, p. 517.

As to examination without settled interrogatories, see Kerr's
Gyc. C. C. P. § 2006 and note. -

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

§2025^^. OF IxOiN-KESIDEKT WITNESS, ON OEAL IN-
TEEROGATORIES. When a party shall desire to take the
evidence of a non-resident witness, to be used in anj' cause
pending in this state, the party desiring the same (or where
notice shall have been given that a commission to take the
testimony of a non-resident witness will be applied for, the
opposite party, upon giving the other three days' notice in
writing of his election so to do), may have a commission di-
rected in the same manner as provided in section two thousand
and twenty-four of Code of Civil Procedure, to take such evi-
dence, upon interrogatories to be propounded to the witness
orally; upon the taking of which each party may appear be-
fore the commission, in person or by attorney, and interrogate
the witness. The party desiring such testimony shall give
to the other the following notice of the time and place of
taking the same, to wit: ten days, and one day in addition
thereto (Sundays included) for every three hundred miles'
travel from the place of holding the court to the place where
such deposition is to be taken.

[Costs on uon-attendaiice of party giving notice.] When a
party to a suit shall give the opposite party notice to take
a deposition upon oral interrogatories, and shall fail to take
the same accordingly, unless such failure be on account of
the non-attendance of the witness, not occasioned by the fault
of the party giving tbe notice, or some other unavoidable
cause, the party notified, if he shall attend himself or by at-
torney, agreeably to the notice, shall be entitled to two dol-
lars per day for each day he may attend under such no-
tice, and to six cents per mile for every mile that he shall

1476



ch.Ill.ait.IV.l COMMTSSIOXRRS, DTTTIRS. §S 2026, 201^7

necessarily travel in going to and returning from the place
designated to take the deposition, to be allowed by the court
where the suit is pending and for which execution may issue.

HiNtoi-.v: lOiinclcii ^Farcli 21, lOiKi, St;its. and Amdts. 190;!,
p. 35J.



§2026. AUTHORITY AND DUTIES OF CO.inilSSIOXER.

The conimission must authorize the commissioner to adminis-
ter an oath to the witness and to take his deposition in answer
to the interrogatories, or when the examination is to be with-
out interrogatories, in respect to the question in dispute, and
to certify the deposition to the court, in a sealed envelope, di-
rected to the clerk, if there be one, and if not, to the judge
thereof, and forwarded to him by mail or other usual chan-
nel'of conveyance.

History: Enacted March 11, 1872, re-enactment of § 435 Prac-
tice Act: amended by Code Commission, Act Marcli 8, 1901,
Stats, and Amdts. 1900-1, p. 254, act held unconstitutional, see
history, § 5 ante; amended March 20, 1907, Stats, and Amdts.
1907, p. 733, Kerr's Stats, and Amdts. 1906-7, p. 518.

See Kerr's Cyc. C. C. P. for 3 pars annotation.

As to attaching exhibits, see Kerr's Cyc. C. C. P. S 2032 and
note.

As to many niisccllaneous matters of evidence, see note
§ 1823, ante.

S2027. Tin A I., WHEN POSTPONED FOR REASON OF
NON-RETUR\ OF CO.M.MISSION. A trial or other proceed-
ing must not be postponed by reason of a commission not re-
turned, except ui)on evidence, satisfactory to the court, that
the testimony of the witness is necessary, and that proper
diligence has been used to obtain it.

HiHtory: Knarted Ararrh 11, 1872. re-enactment of §430 Prac-
tice Act.

See Kerr's Cyc. C. C. P. §2021 and no(e par.s. 3. 4; an<l S 2(t32
and note par. 19.

As to many misccllanpoiis malt.i-s <>{ ividi'Mci-, sec noti-
§ 1823, ante.

1477



58 2028,2029 CODR OF CIVIL PROCEDURE. [PtlV.Tit.TFI.

§2028. DEPOSITION, BY WHOM USED. The deposition
mentioned in this article may be used by eitlier party on the
trial or other proceeding, against any other party giving or
receiving the notice, subject to all just exceptions.

History: Enacted March 11, 1872; amended by Code Commis-
sion, Act March 8, 1901, Stats, and Amdts. 1900-1, p. 254, act
lield unconstitutional, see history, § 5 ante.

See Kerr's Cyc. C. C. P. for 4 pars, annotation.

133 C. 475, 477 (deposition may be used but not part of it —
erroneously cited as § 2228), 65 P. 976, 977 (correct citation).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to stipulations for depositions, see Kerr's Cyc. C. C. P.
§ 2024 and note pars. 10, 11.

§2028. NOTICE DISPENSED IVITH WHERE WITNESS
RESIDES OUT OF STATE, WHEN. In all cases where ser-
vice of summons has been had bj' publication as provided
by law and after default has been duly entered, and it ap-
pears by affidavit that the residence of a party to the action
is unknown and the witness resides out of the state, then
in such cases the notice provided for in this article shall
be dispensed with.

HistoFT: Enacted March 5, 1907, Stats, and Amdts. 1907, p. 110.



147S



ch.III.art.V.] depositions in state. § 2031

ARTICLE V.

MANNER OF TAKING DEPOSITIONS IN THIS STATE.

§ 2031. Depositions may be taken ))efore a judge, etc., upon
notice to tlie adverse party.

§ 2032. Manner of taking depositions. May be used i)y either
party on the trial.

§ 2033. When deposition excluded (repealed),

§ 2034. A deposition once taken may be read at any time (re-
pealed).

§ 2035. Deposition in tliis state to be used in otlier states.

§ 2036. How to procure witness upon commission.

S 2037. How, if no commission.

§ 2038. Deposition, how taken.

§2031. DEPOSITIO>'S MXY BE TAKEN BEFORE X
JUDGE, ETC., UPO\ NOTICE TO THE ADVERSE PARTY.

Either party may have the deposition taken of a witness in
this state, in either of the cases mentioned in section two
thousand and twenty-one, before a judge or officer authorized
to administer oaths, on serving upon the adverse party pre-
vious notice of the time and place of examination, together
with a copy of an affidavit, showing that the case is within
that section. Such notice iiiust be at least fire days, adding
also one day for every twenty-five miles of the distance of
the place of examination from the residence of the person to
whom the notice is given, unless, for a cause shown, a judge,
by order, prescribed a shorter time. When a shorter time is
prescribed, a copy of the order must be served with the no-
tice.

HlHtory: Enacted March It, 1872, founded on 5 429 Practice
Act; amended. by Code Commission, Act March 8, 1901, Stats,
and Amdts. 1900-1, p. 2.55, act held unconstitutional, see history,
§ 5 ante.

See Kerr's Cyc. C. C. P. for 30 pars, annotation.

Code Nectlon. — fi6 C. 390, 391, 5 P. 681 (construed*; lid i'. I.
8, 13, 73 P. 597 (cited); 140 C. 213, 220, 73 P. 1006 (cited): 151 <".
732, 746, 91 P. 593 (cited); 153 C. 190, 195, 94 P. 770, 771, 772
(referred to).

Prnotloc Act §420.-3 C. 91, 97 (cited).

1479



§ 2032 CODK OP CIVIL PROCEDriRK. [Pt.IV.Tit.lII.

As to authority of clerk of court to take deposition, see Kerr's
Cyc. C. C. P. § 596 and note.

As to authority of members of board of examiners to take
depositions to be used before board, see Kerr's Pocket Pol. C".
§659.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to notice of continuance, when deposition is not taken on
day set for examination, see Kerr's Cyc. C. C. P. § 2033 and note
par. 15.

As to officers authorized to administer oaths and affirmations,
see Kerr's Cyc. C. C. P. § 2012 and note: post § 2093 and note.

As to service of notice, generally, see Kerr's Cyc. C. C. P.
§§ 1010-1017 and notes.

As to shortening- time of notice, see Kerr's Cyc. C. C. P. § 1005
and note.

As to suppression of deposition for want of proper notice, see
Kerr's Cyc. C. C. P. § 2033 and note.

§2032. MA\>ER OF TAKING DEPOSITIONS. MAT BE
USED BY EITHEU PARTY ON THE TRIAL. Either party
may attend the examination and put such questions, direct
and cross, as may be proper. The depositions, when com-
pleted, must be carefnlly read to the witne.ss and corrected
by liiiu in any particular, if desired; it must then be sub-
scribed by the witness, certified by the judge or officer taking
the deposition, inclosed in an envelope or wrapper, sealed,
and directed to the clerk of the court in which the action is
pending, or to such person as the parties in writing may
agree upon, and either delivered by the judge or officer to
the clerk or such person, or transmitted through the mail
or by some safe private opportunity; and thereupon such
deposition may be used by either party upon the trial or other
proceeding against any party giving or receiving the notice,
subject to all legal exceptions; but

If tlie parties attend at the examination, no objection to the
form of an interro|iratory shall be made at the trial, unless
the same was stated at the time of the examination. If the
deposition be taken under subdivisions two, three, and four,
of section two thousand and twenty-one, proof must be made
at the trial that the witness continues absent or infirm, or
is dead. The deposition thus taken may be also read in case
of the death of the witness.

1480



ch.lII.artV.] MANNER OF TAKING. 8 2032

History: Enacted March 11, 1872, founded on § 430 Practice

Act: amended by Code Commission, Act Marcli 8, 1901, Stats,
and Amdts. 1900-1, p. 25.5, act Iield nnc-onstitutional. .>;eo liistor>-,
S 5 ante.

See Kerr's Cyc. C. C. P. for 57 pars, annotation.

Code Ncctlon.— 63 C. 369, 370 (cited): 74 C. 46, 47, 48, 15 P. 369.
370 (construed); 1 17 C. 42, 49, 48 P. 972 (construed witli subd.
1 of S202]): 121 C. 147, 152, 53 P. 640 (construed): 125 C. 107,
114, 57 P. 791 (applied): 129 C. 20, 24, 61 P. 477 (construed):
133 C. 475, 477 (deposition may be used but not part of it —
erroneously cited as §2232), 65 P. 976, 977 (correct citation):
140 C. 1. 8, 13, 73 P. 597 (cited): 140 C. 213, 220, 73 P. 1006 (cited):
149 C. 227, 250, 9 A. C. 805, 86 P. 695, 705 (cited); 151 C. 83, 89.
90 P. 200 (cited — precise form of certificate not prescribed —
sufficiency of certificate); 153 C. 190, 195, 94 P. 770, 771, 772
(referred to); 3 C. A. 668, 686, 87 P. 27, 34 (applied); 4 C. A.
760, 776, 89 P. 441 (deposition, when completed, must be read to
witness, and subscribed by him).

Pniotioe Act §430. — 3 C. 94, 97 (cited): 27 C. 372, 374 (cited).

As to applicability of this section only to depositions taken in
this state, see Kerr's Cyc. C. C. P. § 2026 and note pai-. 3.

As to continuance, see Kerr's Cyc. C. C. P. S 2021 and nolo
pars. 3, 4; § 2027 and note.

As to defectively entitled depositions in criminal proeeeding-s,
see Kerr'N I'ookct Pen. C § 1401.

As ti) riling' depositions, see 15 A. S. 296.

As to form of depositions — To be interrogatories and answers,
imless otherwise agreed, see Kerr's Cyc. C. C. P. § 2006 and note.

As to many miscellaneous mattei's of evidence, see note
§ 1823, aiiti'.

As to method of examination, by question and answer, or by
narration, see Kerr's Cyc. C. C. P. § 2006 and note.

As to necessity of all essential reiiuirements of statute lu-iiif^'
complied with, see Kerr's Cyc. C. C. P. § 2019 anil note par.'^.
3, 4.

As to necessity of statement tliat witness was first iluly
sworn, see 35 Me. 368, 58 A. D. 708; 41 Miss. 696, 93 A. 1). 271.

As to notice, see Kerr's Cyc. C. C. P. § 2033 and note.

As to punishment of witness for refusal to subscribe a deposi-
tion when required, see Kerr's Cyc. C. C. P. § 1991 and note.

As to showing required to lay proper foundation for admis-
sion as deposition in a ci-lminal case, see Kerr's Cyi-. Pen. C.
§S 686 and 1315 and notes.

As to stenographer, see Kerr's Cyc. C. C. P. § 2006 and note.

As to when a deposition or certilicate is deemed to be com-
plete within provisions of Penal Code relating to perjury, see
Kerr's Cyc. I'en. C. S 124 and note.

1481



SS 2033, 2034 CODE OF CIVIL PROCEDURE. [Pt.IV.Tit.III.

§2083. WHEN DEPOSITION EXCLUDED [repealed].

HLstory: Enacted March 11, 1872; repealed by Code Commis-
sion, Act March 8, 1901, Stats, and Amdts. 1900-1, p. 256, act held
unconstitutional, see history, § 5 ante: repealed March 20, 1907,
Stats, and Amdts. 1907, p. 733, Kerr's Stats, and Amdts. 1906-7,
p. 518.

See Kerr's Cyc. C. C. P. for 17 pars, annotation.

68 C. 618, 621, 10 P. 183, 185 (applied); 140 C. 1, 8, 73 P. 597
(cited); 140 C. 213, 220, 73 P. 1006 (cited).

As to description of witness in notice, see Kerr'.s Cyc. C. C.
P. § 2024 and note par. 5.

As to excluding deposition because of deprivation of party of
riglit of cross-examination, see 38 A. D. 643.

As to inany miscellaneous matters of evidence, see note
§ 1823, ante.

As to notice, see Kerr's Cyc. C. C. P. § 2031 and note pars. 4-12.

As to use of deposition after amendment of complaint, see
13 L. 367.

§2034. A DEPOSITION ONCE TAKEN MAY BE READ
AT ANT TIME [repealed].

History: Enacted March 11, 1872, re-enactment, with addi-
tions, of §431 Practice Act; repealed by Code Commission, Act
March 8, 1901, Stats, and Amdts. 1900-1, p. 256, act held uncon-
stitutional, see history, § 5 ante; repealed March 20, 1907, Stats,
and Amdts. 1907, p. 734, Kerr's Stats, and Amdts. 1906-7, p. 518.

See Kerr's Cyc. C. C. P. for 17 pars, annotation.

Code section.— 65 C. 548, 552, 4 P. 557 (cited); 80 C. 253, 254,
22 P. 334, 335 (construed); 83 C. 30, 32, 23 P. 214, 215 (construed);
51 P. 559, 561 (applied), omitted in emasculated opinion, 119 C.
382, 383; 133 C. 475, 477 (deposition may be used, but not part
of it-^erroneously cited as § 2234), 65 P. 976, 977 (correct cita-
tion); 140 C. 1, 8, 73 P. 597 (cited); 3 C. A. 668, 686, 87 P. 27, 34
(applied).

Practice Act § 431. — 8 C. 575, 579 (construed).

As to admissibility of depositions, see 29 A. D. 567; 79 A. D.
716; 13 L. 366.

As to coinpetency of parties as witnesses, see Kerr's Cyc. C. C.
P. § 1879 and note.

As to construction of term "the same parties," see Kerr's
Cyc. C. C. P. § 1870 and note par. 84.

As to excluding deposition when offered against party who
became such after taking of deposition, see 13 L. 367.

As to impeachment of witness by contradictory statements

1482



ch.III.art.V.] PROCruiNG WITNESSES. SS 2035, 203(5

made at taking of deposition, before correction and sis'iatiiro
of witness, see Kerr's Cyc. C. C. P. § 2052 and note.

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

As to objections which may be taken to deposition used at
former trial, see Kerr's Cyc. C. C. P. § 2032 and note pars. 28.
29.

As to reading: deposition — At trial of criminal cause deposi-
tion of a witness taken at preliminary examination, see Kerr's
Cyc. Pen. C. §686 and note. . .

Same — In another action, see Kerr's Cyc. C. C. P. § 2028 and
note.

As to use of portions of deposition.s taken i)ri(ii- tn fui-mer
trial for purpose of cross-examination, see Kerr's Cyc. C. C. P.
§ 2048 and note.

§2035. DEPOSITION IN THIS STATE TO BE USED I\
OTHER STATES. Any party to an action or special proceed-
ing in a court or before a judge of a sister state, may ob-
tain tlie testimony of a witness residing in this state, to be
used in such action or proceeding, in the cases mentioned in
the next two sections.

HiMtory: Enacted IMarch 11, 1872.

140 C. 1, 3, 73 P. 597 (cited).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

« 203(>. HOW TO PROCURE WITNESS UPON COADIISSION.

If a commission to take such testimony has been issued by
the court before which such action or proceeding is pending,
or by a judge thereof, on exhibiting the commission to the
superior court of the county in which the witness resides,
with an affidavit showing the materiality of his testimony,
such superior court may issue a subpoena to the witness,
requiring him to appear and testify before the commissioner
named in the commission, at a sppcified time and place within
such county.

History: Enacted March 11, 1872; amended April 16, 1880,
Code Amdts. 1880 (C. C. P. pt.). p. 115; by Code Commission.
Act March 8. 1901, Stats, and Amdts. 1900-1, p. 256, act held
unconstitutfonal, see history. S .') ante; amended March 20, 1907,

1483



SS 2037, 2038 CODJ-: OK OIVII. PROCELHtrk. [Pt.IV.Tit.IU.

stats, and Amdts. 1907, p. 733, Kerr's Stats, and Amdts. 1906-7,
p. 518.

See Kerr's Cyc. C. C. P. for 2 pars, annotation.

140 C. 1, 3, 73 P. 597 (cited).

As to many miscellaneoiis matters of evidi'nco, see note
§ 1823, ante.

As to subpoena, see Kerr's Cyc. C. C. P. *?S 19S5 ct seq. and
notes.

§ 2037. HOW, IF NO COMMISSION. If a commissiou has
not been issued, and it appears to a judge of the superior
court, or to a justice of the peace, by affidavit satisfactory
to him:

1. That the testimony of the witness is material to either
party, and that he resides in the county in which such judge
or justice holds office;

2. That a commission to take the testimony of such wit-
ness has not been issued ;

3. That, according to the law of the state where the action
or special proceeding is pending, the deposition of a witness
taken under such circumstances, and before such judge or
justice, will be received in the action or proceeding;

He must issue his subpoena requiring the witness to appear
and testify before him at a specified time and place.

History: Enacted Marcli 11. 1872: amended April 16. 1880,
Code Amdts. 1880 (C. C. P. pt.), p. 115: by Code Commission,
Act March 8, 1901, Stats, and Amdts. 1900-1, p. 256, act held
unconstitutional, see history, § 5 ante; amended March 20, 1907,
Stats, and Amdts. 1907. p. 733, Kerr's Stats, and Amdts. 1906-7,
p. 518.

> 140 C. 1, 3, 73 P. 597 (cited).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.

§2038. DEPOSITION, HOW TAKEN. Upon the appear-
ance of the witness, the judge or justice must cause his testi-
mony to be taken in writing, and must certify and transmit
the 'same to the court or judge before whom the action or
proceeding is pending, in such manner as the law of that
state requires.

History: Enacted March 11, 1872.
1184



ch.III,art.VI.] ORDKU OF' I'KOOF. § 204J

125 C. 107, 116, 57 P. 791 (construed); HO C. 1,3, 73 P. 597
(cited).

As to many miscellaneous matters of evidence, see note
§ 1823, ante.



ARTICLE VI.

GKNKriAI. ilfTi.ros OF EXAMINATION.

5 204 2. Order of proof, how regrulated.

S 2043. Witnesses not under examination may be e.xcluded.

S 2044. Court may control mode of interrog-ation.

S 2045. Direct and cross-examination defined.

S 2046. Leading- question defined.

§ 2047. When witness may refresh memory from notes.

S 2048. Cross-examination, as to what.

§ 2049. Party producing witness, liow far may impeach his
credit.

S 2050. Witness, how examined. When re-examined.

§ 2051. How impeached.

S 2052. Same. [By evidence of declarations.]

S 2053. Evidence of g-ood character, when allowed.

S 2054. Writing- shown to witness may he inspected by ad-
verse party.

§ 2042. ORDER OF PROOF, HOW REGULATED. The or-
der of proof must be regulated by the sound discretion of
the court. Ordinarily, the party beginning the case must



Online LibraryCaliforniaThe codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 3 Code of Civil Procedure) → online text (page 134 of 168)