Attorney-General v. Continental Life Insurance

— The grounds of the motion are that "the person procuring the order and in whose behalf the deposition is to be used is not a party to the action in which the order is granted, or if he is, then by the same reasoning the person to be examined is a party to the action. Said section provides that “ where a party intends to make or oppose a motion in a court of record * * and it is necessary for him to have the affidavit or deposition of a person not a party to use upon the motion * the court or judge authorized to make an order in the cause may in its or his discretion make an order appointing…