27-362. Order for inspection

A. When an action is commenced to recover the costs and expenses of draining lodes or mines, the court shall grant an order allowing plaintiff to inspect the lodes or mines claimed to have been drained upon application and affidavit that the inspection is necessary for proper preparation of the action for trial.

B. The order shall designate the number of persons, not exceeding three besides plaintiff, to make the examination and they may cause the removal of rock, debris or other obstacles in a lode or vein when removal is shown necessary to a just determination of the claim.

27-362. Order for inspection

A. When an action is commenced to recover the costs and expenses of draining lodes or mines, the court shall grant an order allowing plaintiff to inspect the lodes or mines claimed to have been drained upon application and affidavit that the inspection is necessary for proper preparation of the action for trial.

B. The order shall designate the number of persons, not exceeding three besides plaintiff, to make the examination and they may cause the removal of rock, debris or other obstacles in a lode or vein when removal is shown necessary to a just determination of the claim.