13-4103. Order for examination; notice; proof of service

A. If the court is satisfied that the examination of the witness is necessary, an order shall be made that the witness be examined conditionally at a specified time and place, and that a copy of the order be served on the opposite party at least two days before the examination.

B. The order shall direct that the examination be taken before the clerk of the court, the court reporter, a magistrate or a notary public named therein, and on proof of service upon the opposite party of a copy of the order, though no counsel appears for the state, the examination shall proceed.

13-4103. Order for examination; notice; proof of service

A. If the court is satisfied that the examination of the witness is necessary, an order shall be made that the witness be examined conditionally at a specified time and place, and that a copy of the order be served on the opposite party at least two days before the examination.

B. The order shall direct that the examination be taken before the clerk of the court, the court reporter, a magistrate or a notary public named therein, and on proof of service upon the opposite party of a copy of the order, though no counsel appears for the state, the examination shall proceed.