652 ARTICLE 16

be obtained from the court or a Judge thereof. He shall issue subpoenas
for witnesses for either party, except where he is required to proceed
ex parte; and he shall cause to come before him all witnesses subpoenaed,
at the time appointed, to be examined; and their attendance and duty to
testify may be enforced by attachment, to be issued and returned as pro-
vided in section 299.¹

An. Code, 1924, sec. 271. 1912, sec. 254. 1904, sec. 236. 1888, sec. 218. Rule 36.

283.¹ All examinations of witnesses before the examiners shall be con-
ducted in the presence of the parties, or their solicitors, if they think proper
to be present; and the mode of examination shall be either by written in-
terrogatories filed with the examiner, to be by him propounded to the wit-
nesses, and the answers thereto written down by him, as has heretofore been
the practice of commissioners in taking testimony; or the witnesses may
be examined by the parties, or their solicitors, viva voce, and in such case,
the answers of the witnesses shall be reduced to writing by the examiner,
and the questions also, if necessary to the understanding of the answers of
the witness, or if it be required by either party. By agreement of the par-
ties or by order of Court, in its discretion, the testimony may be taken in
short-hand and afterward typewritten under the direction of the examiner.
The testimony produced by both parties shall be taken before the same
examiner, unless, for special reasons, it be otherwise directed by the court
or judge thereof, and all viva voce examinations shall, as near as may be,
be conducted in the manner and order of the examination of witnesses in
the trials of fact in the courts of common law. The defendant shall not be
compelled to proceed with the taking of his testimony until the plaintiff has
finished or declared he has none to take; nor shall the plaintiff be compelled
to proceed with the rebutting testimony, until the defendant has completed
the testimony on his part.

An. Code, 1924, sec. 272. 1912, sec. 255. 1904, sec. 237. 1888, sec. 219. Rule 37.

284. In all examinations, whether conducted by written interroga-
tories or viva voce, at the conclusion of the examination by the parties, the
examiner shall put to the witness an interrogatory in the following form:
"Do you know, or can you state, any other matter or thing which may be
of benefit or advantage to the parties to this cause, or either of them, or
that may be material to the subject of this your examination, or the matters
in question between the parties ? If yea, state the same fully and at large
in your answer." And the examiner shall write down the answer to said
interrogatory, as part of the deposition of the witness.

An. Code, 1924, sec. 273. 1912, sec. 256. 1904, sec. 238. 1888, sec. 220. Rule 38.

285. In all cases the testimony shall be written down in the language
of, and as delivered by, the witness, and be signed by him in the presence
of the parties or their solicitors, or such of them as may attend, unless such
signing be waived; but if the witness, for any cause, may not be able to
sign the same, or shall for any reason refuse so to do, and the signature is
not waived, the examiner shall sign the deposition, stating the reason why
the witness has not signed the same; and the examiner may, upon all ex-
aminations, state any special matters to the Court that he may deem proper,
to enable the Court the better to understand the evidence. Any question or

¹ Thus amended by equity rules 35 and 36, November 21, 1919, adopted by the court
of appeals in accordance with sec. 18 of art. 4 of the Constitution.