(a) In an action under this subchapter, if it appears, by affidavit, that there is a material witness residing out of the county, whose attendance it is not practicable to procure, the justice may make a rule that such witness's deposition be taken before a justice of the peace sitting in the county in which the witness resides.
(b) Unless it is otherwise agreed, the party applying for a rule that a deposition be taken shall file in writing all the questions to be put to the witness, giving at least 4 days' notice to the other party, who may file other questions.
(c) The justice shall forward a copy of the rule and the questions to the justice of the peace selected with a copy of this section.
(d) The deposition shall be taken in writing, signed by the witness, certified by the justice of the peace selected, and sent, sealed up, to the justice.
(e) The witness shall first be sworn, or affirmed, by the justice of the peace selected, to answer the questions truly. Neither party shall be present at the taking the deposition, and no questions shall be put but those sent by the justice.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
Subchapter II. Civil Actions for Debt
§ 9522. Issuance and requirements of summons.
§ 9524. Service of summons; verification for default judgment.
§ 9525. Deposit for cost; representation of an artificial entity.
§ 9528. Requirement of special bail for certain adjournments.
§ 9529. Discharge of special bail.
§ 9530. Proceedings against special bail; scire facias.
§ 9531. Depositions of nonresidents.
§ 9533. Failure to appear; penalty.
§ 9534. Form of attachment for contempt.
§ 9535. Form of distress warrant.
§ 9536. Setoff or counterclaim.
§ 9537. Failure of defendant to appear; adjournment or judgment by default.
§ 9538. Application to vacate default judgment.
§ 9539. Failure of plaintiff to appear; adjournment or dismissal.
§ 9540. Entry of judgment; endorsement on cause of action.
§ 9542. Judgments against executor or administrator.
§ 9543. Setting aside judgment on warrant of attorney.
§ 9544. Six months stay of execution.
§ 9545. Nine months stay of execution; security.
§ 9546. Transfer of judgment to Superior Court docket after stay of execution.
§ 9548. Form of execution process.
§ 9549. Garnishees; time for appearance; pleadings.
§ 9550. Proceeding by garnishee charging collusion.
§ 9551. Appeal from proceeding by garnishee.
§ 9552. Time of binding of goods and chattels by execution; duration of lien.
§ 9554. Sale of goods levied upon; advertisement.
§ 9556. Duty of constable or sheriff upon receipt of execution; return of execution.
§ 9557. Venditioni exponas; issuance; requirements; effect.
§ 9558. Form of venditioni exponas.
§ 9560. Failure to pay over proceeds from execution.
§ 9561. Failure on return to produce receipt of proceeds.
§ 9562. Necessity of judgment and execution docket.
§ 9566. Entry of judgment satisfaction by justice.
§ 9567. Entry of judgment satisfaction by creditor or execution officer.
§ 9569. Transfer of judgment to Superior Court; lien on real estate.
§ 9571. Appeal in civil actions.
§ 9572. Proceedings on appeal.
§ 9573. Execution upon striking of appeal.
§ 9574. Abatement and dismissal.
§ 9576. Remedy against deceased surety; assignment of creditor's remedies to surety.
§ 9578. Survival of actions; parties.
§ 9579. Issuance, service and return of writ; proceedings.
§ 9580. Endorsement and docketing; assignment of judgment.
§ 9582. Proceeding by attachment.
§ 9583. Issuance of writ; affidavit.
§ 9584. Form of writ; form of Garnishee's Notice of Service.
§ 9585. Goods and chattels subject to attachment; notice; judgment; creditors.
§ 9586. Service on garnishee; compelling attendance.
§ 9587. Process to compel appearance of garnishee.
§ 9588. Garnishment proceedings.
§ 9589. Dissolution of attachment.
§ 9590. Delivery of goods to constable; defense of garnishee; liability of constable.