(a) If the attendance of a witness to a will cannot be procured because of the witness’ sickness, age, infirmity, imminent departure from the State, being beyond the reach of process or any other reason deemed satisfactory to the Register of Wills, the Register may award a commission to take the deposition of such witness.

Need help with a review of a will? Chat with an attorney and protect your rights.

Terms Used In Delaware Code Title 12 Sec. 2503

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101

(b) The commission may be issued on interrogatories filed, or the Register may make any order deemed proper concerning the issuance or execution of the commission.

Code 1852, § ?1818; Code 1915, § ?3371; Code 1935, § ?3836; 12 Del. C. 1953, § ?2503; 59 Del. Laws, c. 384, § ?1; 70 Del Laws, c. 186,, § ?1;