DISCOVERY-PROCUREMENT OF AN ORDER REQUIRING A NONRESIDENT PLAINTIFF TO SUBMIT TO AN ORAL EXAMINATION WITHIN THE STATE BEFORE TRIAL

Authors

Ralph J. Isackson, University of Michigan Law SchoolFollow

Abstract

Relator, a resident of Massachusetts, brought an action in Illinois against the Railway Express Company to recover damages for the negligent transportation of the relator's cattle. After the cause was at issue the Express Company's attorneys presented a motion to respondent, a superior court judge, requesting a court order directing the nonresident relator to appear before a notary public in Chicago for the purpose of an oral examination. The court granted the order, fixing a time and place for the taking of relator's deposition on oral interrogatories. Upon failure of the relator to appear, the court stayed proceedings for a period extending thirty days beyond the date of the taking of the deposition for the purposes of discovery. Relator then petitioned for a writ of mandamus to command respondent to strike the orders from the court records. Held, writ of mandamus granted. People ex rel. Prince v. Graber, (Ill. 1947) 74 N.E. (2d) 865.

Recommended Citation

Ralph J. Isackson, DISCOVERY-PROCUREMENT OF AN ORDER REQUIRING A NONRESIDENT PLAINTIFF TO SUBMIT TO AN ORAL EXAMINATION WITHIN THE STATE BEFORE TRIAL, 46 Mich. L. Rev. 986 (1948).
Available at: https://repository.law.umich.edu/mlr/vol46/iss7/14