Kemmerlin v. Bloom

Lewis, Justice.

This is an appeal from an order of the lower court requiring one of the defendants to submit to a pretrial oral examination by plaintiff concerning certain specified matters which are relevant to the proof of plaintiff’s cause of action and peculiarly within the knowledge of the defendant. The order was issued under the provisions of Section 26-503, 1962 Code of Laws, the pertinent portion of which is as follows:

“The examination of an adverse party, * * * may be had at any time before trial, at the option of the party claiming it, before a judge of the court, on a previous'…