of APPENDIX. FORM FOR TAKING DEPOSITIONS. Deposition of witnesses taken this day of , 19 at the office pursuant to the annexed notice, to be read in evidence on behalf of the plaintiff (or defendant) in a certain suit now pending in the [here state the court in which the case is pending], in the State of wherein A. B. is plaintiff, and C. D. defendant. Present: E. F., attorney (or counsel) for plaintiff; G. H., attorney (or counsel) for defendant. I. J., a witness on behalf of the plaintiff, deing of lawful age, and being by me first duly sworn, deposes and says, in response to questions propounded by E. F., counsel (or attorney) for the plaintiff (or defendant) : What is your name, age, residence, and occupation? 1st Question Answer, 2d Question Do you know the parties to this suit? Answer, [Continue the questions until conclusion of examination in chief, and, in writing the answers, use the identical words of the witness.] And being cross-examined by G. H., counsel (or attorney) for defendant or plaintiff), the said witness deposes and says: [Wrie questions and answers as before.] And being re-examined by counsel (or attorney) for the plaintiff (or defendant), the said witness further deposes and says: [Write questions and answers as before.] And further this deponent saith not. (Signature of witness.) [If there be more than one witness, continue as follows :] And at the same time and place came K. L., another witness on behalf of the plaintiff, who, being of lawful age (etc., same as above). No other witness appearing, the further taking of these depositions is continued until to-morrow, at the same place, and between the same hours. (Signature, etc., of official.) Present: E. F., attorney for plaintiff; G. H., attorney for defendant. M. N., a witness on behalf of the plaintiff, being of lawful age, and by me first duly sworn, deposes and says, in response to questions propounded by counsel for the plaintiff (or defendant). [Write down questions and answers as in deposition of I. J.] And further this deponent saith not. (Signature of witness.) [When the depositions have been taken, conclude with the following cer tificate:] of County of I, a Justice of the Peace (or other official), in and for the district (town or township) county of State of do certify that the foregoing depositions of I. J., K. L., and M. N., [name all the witnesses] were duly taken by me pursuant to the annexed notice for taking depositions to be read in behalf of the plaintiff (or defendant) in the cause now pending in the [here describe the court in which the suit is pending], at the time and place, and within the hours in the annexed notice specified. [ If an adjournment was had, so state here, thus:] the taking of said depositions, not having been completed on the first day appointed, were continued from day to day at the same place and between the same hours until completed. against I further certify that after the taking of the deposition of each witness the same was read to (or by) him and subscribed by him in my presence. And I do further certify that, at the time of so taking the same, I was a Justice of the Peace (Notary Public, or Commissioner appointed by the Governor, etc., as the case may be) in and for the , in the State of my commission bearing date , and expiring Given under my hand (and Notarial Seal, or official seal, as the case may be), this day of Cost of taking depositions, $ , 19. (Signature, etc., of official.) After taking each deposition it should be read to the witness, or by him, and a memorandum should be made by the magistrate of any changes or corrections which the witness desires to make before signing. The witness should then sign the deposition in the magistrate's presence. If he refuses to sign that fact should be noted by the magistrate at the foot of the dep osition and his return changed accordingly. The questions on direct and cross-examination may be numbered sepa rately; but in order to save confusion it is usually better to number them all consecutively as one series, giving the first cross-question the serial num ber following that of the last direct question, and so on. Affidavit of A. B. FORM OF TAKING AFFIDAVITS. years and State of I, A. B., having been duly sworn, do depose and say that I am of age, and reside in , in the county of that: [Here state the facts to be embodied in the affidavit.] city of in the , in the county and State aforesaid, before me, the subscriber, a Notary Public (or other magistrate), duly commissioned in and for said county, personally appeared the above named who subscribed the foregoing affidavit in my presence, and made solemn oath that the statements therein made by him are true [except such as are made on informa tion and belief, and those he believes to be true.] Witness my hand and notarial seal this [Seal.] day of , 19 Notary Public. Court, for the , in which C. D. is plaintiff and E. F. If the affidavit is to be used in court it should be entitled thus: Affidavit of A. B. to be used in a suit pending in the is defendant, and taken on behalf of the plaintiff (or defendant) in said suit |