115.561. Commissioner to take testimony, appointed, when--powers of commissioner.

Commissioner to take testimony, appointed, when--powers ofcommissioner.

115.561. 1. Immediately upon the filing of a petition andanswer, if there is any, the supreme court shall appoint acommissioner of the court to take the testimony of witnesses atsuch times and places as the court shall order. The order shallspecify the points and facts in regard to which testimony is tobe taken and the time when the commissioner shall make his reportto the court.

2. Upon appointment by the court, the commissioner shallproceed to procure the attendance of witnesses, and to take andcertify testimony as directed. The contestant and contesteeshall have the right to attend the examination of all witnessesand to cross-examine, but no testimony shall be taken except onthe points and facts specified in the court order. Thecommissioner shall have authority to administer oaths, takedepositions, compel the attendance of witnesses by summons andattachment, require such witnesses to testify and to compeldiscovery in accordance with the rules of discovery in civilcases.

(L. 1977 H.B. 101 § 13.120)

Effective 1-1-78