Section 115.561

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 01 Jan 1978, see footnote   

  115.561.  Commissioner to take testimony, appointed, when — powers of commissioner. — 1.  Immediately upon the filing of a petition and answer, if there is any, the supreme court shall appoint a commissioner of the court to take the testimony of witnesses at such times and places as the court shall order.  The order shall specify the points and facts in regard to which testimony is to be taken and the time when the commissioner shall make his report to the court.

  2.  Upon appointment by the court, the commissioner shall proceed to procure the attendance of witnesses, and to take and certify testimony as directed.  The contestant and contestee shall have the right to attend the examination of all witnesses and to cross-examine, but no testimony shall be taken except on the points and facts specified in the court order.  The commissioner shall have authority to administer oaths, take depositions, compel the attendance of witnesses by summons and attachment, require such witnesses to testify and to compel discovery in accordance with the rules of discovery in civil cases.

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(L. 1977 H.B. 101 § 13.120)

Effective 1-01-78