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FORM No. 1453. Additional witnesses to be asked some questions. Interrogatories to be addressed to and answered by C. G. J., J. H. R. N., Esq., and A. J. N., Esq., of Baltimore, Md., that is to say: Each of them is required to answer each interrogatory above indicated, to be answered by R. C., Esq.

[Or thus:] Repeat each and every of the foregoing questions, except that by the term “ your firm,” we refer to the firm of

instead of any firm in which the witness has or has had any actual, personal, joint, or separate interest.

FORM No. 1454. Designation of witness whose name is unknown. Interrogatories to be addressed to and answered by Richard Roe, whose real name is unknown, but who is, in fact, the person having custody of the books, papers and entries of L. N. C.

FORM No. 1455.

Request for documents. Have you any books, papers, or entries of any kind belonging to, or which have belonged to, L. N. C., relating to his business within the last eight months? If yea, what books, papers, or entries have you, or where are they now? [Or specify the one wanted.]

Please produce the same before the commissioner to the end that copies may be made thereof, or of so much thereof as may be material.83

FORM No. 1456.

Another form. If you have not already done so, please produce and annex to your deposition hereunder, any such letter of credit as above mentioned, and any and all drafts drawn thereunder, or in default of originals, please produce and annex copies thereof, and state why such originals are not produced and annexed, and whether such copies are true and correct copies of such originals.

If you have already produced and annexed such letter of credit, or such draft of, in response to any of the foregoing interrogatories, please refer to, and identify them in connection with your reply to this interrogatory, so as to distinguish them from any

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other such documents which may have been produced or annexed to your deposition hereunder.

FORM No. 1457.

Another form. Please look at the schedule hereto annexed, marked A, and purporting to be a

, and state whether the documents therein mentioned, or any of them, and if so, which of them, are now in your possession or custody or under your control, either as liquidator of said bank or otherwise howsoever ? Are there any of such documents which are not now in your possession or custody, or under your control? If so, state specifically which of said documents are not in your possession or custody or under your control; and state specifically in respect to each of them, whether it was ever, and if so when and where and for how long a time, in your possession or custody, or under your control, and when and where, and how and to whom it passed out of your possession or custody, or beyond your control, and where and in whose possession or custody, or under whose control, according to the best of your knowledge, information or belief, the same now is; and what knowledge or information you have upon the subject, and when and where, and under what circumstances you last saw such document?

FORM No. 1458.

Request for contents. If any such communications were not in writing, or if you are unable to produce and annex the originals or copies of such affidavits, letters, or communications, state fully and particularly the contents or the substance thereof.

FORM No. 1459.

Search for originals. If in answer to the last preceding interrogatory you state that said contract was in writing, and you are not able to attach the same or a copy thereof to your answer thereto, state whether it was in duplicate or not, and whether you have made any efforts to find said writing or either of such duplicates, and if so, what; and with what result; and if said writing is lost or destroyed, [state whether or not you have a copy thereof, and, if so, produce the same, or, if you answer that you have no copy, then]$4 state its substance.

84 The bracketed clause was considered essential in Lazzaro v. Mange

ham, 10 Misc, 230, 30 N. Y. Supp. 1066, and may properly be inserted.

FORM No. 1460.

Execution of a deed. Look at the deed [a copy85 of which is] now produced and shown to you, marked A, and purporting to be executed by A. B. to C. D., on the day of

, 19. Did you ever see it before and if so, when and where, and under what circumstances ?

In whose handwriting is the name of M. N. signed as subscribing witness?

When, where, and by whom, and in whose presence was said deed executed ?

Did you sign the said deed as a subscribing witness? If so, when, where, and in whose presence?

Did you see the said deed delivered and accepted by any one! If so, by whom was it delivered, and by whom accepted, and when and where?

FORM No. 1461.

Solemnization of marriage.86 If you have stated that you were the rector of Church, in , in the State of , during either of those years last named, then be pleased to state, if during those years you were legally authorized to and did perform the marriage ceremony upon various individuals; during the years , did you ever perform the marriage ceremony in , at a hotel therein called , over persons who gave their names as S. C. W. D. and A. J. H., or names similar to these; did you ever marry, during these years, at said hotel or elsewhere, either or both of the parties in this action, under any name whatsoever; if yea, please state fully all of the particulars, and what you did ?

Please state, if you know, who is authorized to perform the marriage ceremony in a legal manner in the State of , and in the city of ; and, if you know, what are the requirements as to reporting and filing a record of the marriages legally performed, and whether you always and invariably followed the statute in this respect, and why did you do so?

85 Documents to be identified by the witness, or copies of them, may be annexed to the interrogatories. Commercial Bank v. Union Bank, 11 N. Y. 203. And it is not essential that the originals should be thus attached. 16. Nor can either party be compelled to surrender an original document for

this purpose. Butler v. Lee, 32 Barb. 75, 19 How. Pr. 383. Except, perhaps, in a case proper to make it a condition of allowing a commission. See note in 9 Abb. N. C. 65.

86 See note on proving marriage in 17 Abb. N. C. 494.

FORM No. 1462.

Qualification of expert. If in answer to the foregoing interrogatory you state that you are an attorney and counselor-at-law or advocate, or engaged in the profession and practice of the law, state how long you have been such attorney, counselor, or advocate, or so engaged in the profession and practice of the law in the city of

the city of , or in the State of , and where?

State whether or not you know the common law87 of of the said State of , as it existed and was in force between the day of , 19 , and the day of 19 , in regard to [etc.].

If in answer to the last interrogatory you state that you do know the common law of the said State as it existed and was during the period above mentioned on the several subject-matters therein inquired of, please state whether or not the said law permitted [etc.].

FORM No. 1463. Proposed cross-interrogatories on commission.88 [As in Form 1452, inserting Crossbefore the word “Interrogatories.”]

[Serve on adverse party within ten days of service of interrogatories. 89

[If not so served, right to propound is waived.]”



FORM No. 1464.

As to details. If you shall answer on your direct examination that you did [etc.], state exactly what you personally did in the matter? What was said by you and what was said to you by

, and what was said and done in your presence [etc.].

87 If statute law is relied on prove it as such. See N. Y. Code Civ. Pro., $ 942; Geoghan v. Atlas S. S. Co., 16 Daly, 229, 10 N. Y. Supp. 121.

88 Cross-interrogatories cannot be withdrawn on the execution of the

commission, unless by the consent of
the adverse party. Union Bank of
Sandusky v. Torrey, 2 Abb. Pr. 269,
5 Duer, 626.

89 Gen. Rule No. 20, of 1904.
90 Id.

FORM No. 1465.

As to sources of knowledge. If on your direct examination you have given any of the information called for by the interrogatories, or any one of them, state fully the grounds and source of your knowledge.

FORM No. 1466.

Execution of instrument.

When did you first see the paper marked “A”? At whose request did you sign your name as a witness thereto? Where was that paper executed (if at all)? in what house, in what room, and at what time of day, and who were present in the room Did you see M. N. write his name thereto? or did you only hear him, or some other person, say it was his signature, or words to that effect? What did the plaintiff say during the interview ? Did he converse with M. . on any subject, other than the execution of the paper, during the interview ? and if so, on what subject, and what passed? How long did the interview last ?

State who were present at the time, and also everything that was said by the plaintiff, or the said M. N., and all or any other persons, at that interview. Was any other paper executed by M. N., or the plaintiff, or any other person present at that time? Was any other subject conversed upon by the plaintiff, or the said M. N., at that interview ? and if so, state what was said by each.

Where did you first see the paper marked “A”? Was it at the interview at which it was signed, or was it on a previous occasion ? If on a previous occasion, state when, where, and under what circumstances.

FORM No. 1467.
Notice of settlement of interrogatories 91 or cross-interrogatories.

[Title of court and cause.]

Please take notice that the annexed proposed interrogatories [or, cross-interrogatories] to be annexed to the commission allowed by order of the day of , 19 , herein, will

01 Necessary where they are not settled by consent. N. Y, Code Civ. Pro., $ 891.

As to principles of settlement, see

Uline v. N. Y. C. & H. R. R. R. Co., 79 N. Y. 175; Wanamaker 1. McGraw, 168 N. Y. 125; Walton v. Goodwin, 54 Hun, 387, 7 N. Y. Supp. 926.

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