Manner of taking, certifying, and transmitting depositions.
Section 362
SEC. 362. Manner of taking, certifying, and transmitting depositions. — Either party may attend the examination and put such questions, direct and cross, as may be proper. The deposition, when completed, must be carefully read to the witness and corrected by him in any particular, if desired; it must then be subscribed by the witness, certified by the judge or officer taking the deposition, inclosed in an envelope or wrapper, sealed, and directed to the clerk of the court in which the action is pending, or to such person as the parties in writing may agree upon, and either delivered by the judge or officer to the clerk or such person, or transmitted through the mail, or by some other private conveyance, and thereupon such deposition may be used by either party upon the trial or other proceedings against any party giving or receiving a notice, subject to all legal exceptions; but if the parties attend the examination, no objection to the form of an interrogatory can be made at the trial unless the same was stated and recorded by the magistrate at the time of the examination. The deposition thus taken may be also read in case of the death of the witness; but the deposition may be excluded if the court finds that the taking was in any respect unfair and fraudulent.