Iowa Code 633.296 – Deposition
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Terms Used In Iowa Code 633.296
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Clerk: means "clerk of the district court" in the county in which the matter is pending and includes the term "clerk of the probate court". See Iowa Code 633.3
- 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.
- 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 Iowa Code 633.701
If it is desired to prove the execution of the will by deposition, rather than by use of the affidavit form provided in section 633.295, upon application, the clerk shall issue a commission to some officer authorized by the law of this state to take depositions, with the will annexed, and the officer taking the deposition shall exhibit it to the witness for identification, and, when identified by the witness, shall mark it as “Exhibit …………” and cause the witness to connect the witness’ identification with it as such exhibit. Before sending out the commission, the clerk shall make and retain in the clerk’s office a true copy of such will.