19-3207. INTERROGATORIES, HOW SETTLED AND ALLOWED. When the commission is ordered, the defendant must serve upon the prosecuting attorney, without delay, a copy of the interrogatories to be annexed thereto, with two days’ notice of the time at which they will be presented to the court or judge. The prosecuting attorney may, in like manner serve upon the defendant or his counsel cross-interrogatories, to be annexed to the commission, with the like notice. In the interrogatories either party may insert any questions pertinent to the issue. When the interrogatories and cross-interrogatories are presented to the court or judge, according to the notice given, the court or judge must modify the questions so as to conform them to the rules of evidence, and must endorse upon them his allowance and annex them to the commission.
History:
[(19-3207) Cr. Prac. 1864, secs. 557, 560, p. 281; R.S., R.C., & C.L., sec. 8182; C.S., sec. 9158; I.C.A., sec. 19-3107.]
Structure Idaho Code
Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION
Section 19-3201 - EXAMINATION OF NONRESIDENT WITNESS.
Section 19-3202 - APPLICATION FOR ORDER.
Section 19-3203 - COMMISSION DEFINED.
Section 19-3204 - AFFIDAVIT TO ACCOMPANY APPLICATION.
Section 19-3205 - MAKING OF APPLICATION.
Section 19-3206 - ORDER FOR COMMISSION.
Section 19-3207 - INTERROGATORIES, HOW SETTLED AND ALLOWED.
Section 19-3208 - DIRECTION AS TO RETURN.
Section 19-3209 - EXECUTION OF COMMISSION.
Section 19-3210 - DELIVERY OF COMMISSION TO AGENT.
Section 19-3211 - DEATH OR DISABILITY OF AGENT.
Section 19-3212 - FILING OF COMMISSION.